MARION COUNTY COMPREHENSIVE PLAN 2035

Transcription

1 FUTURE LAND USE ELEMENT APPENDIX A This Appendix A functions as a support to the Future Land Use Goals, Objectives and Policies. Each section within this Appendix serves as a regulatory policy in the Marion County Comprehensive Plan, providing additional guidelines and standards. The policies are organized into five sections, including: Plan Amendment Standards of Review Additional Standards of Review Interpretation of Comprehensive Plan Boundaries Calculation of Residential Densities and Non-Residential Intensities The Official Future Land Use Map SECTION FLU A-1: PLAN AMENDMENT STANDARDS OF REVIEW The Marion County Comprehensive Plan is designed to preserve and enhance the public health, safety, and welfare through the management of growth, the provision of adequate public services and the protection of natural resources. These purposes are accomplished by the legislative establishment of goals, objectives, and policies that are designed to guide the future growth and development of lands within the County. GENERAL All applications for a Plan amendment relating to the development patterns described and supported within the Plan including, but not limited to, site specific applications for changes in land use designations, are presumed to involve a legislative function of local government which, if approved, would be by legislative act of the County and shall, therefore, be evaluated based upon the numerous generally acceptable planning, timing, compatibility, and public facility considerations detailed or inferred in the policies of the Plan. Each application for an amendment to the Map 1: Marion County 2035 Future Land Use Map by changing the land use designation assigned to a parcel of property shall also be reviewed to determine and assess any significant impacts to the policy structure on the Comprehensive Plan of the proposed amendment including, but not limited to, the affect of the land use change on either the internal consistency or fiscal structure of the Plan. This Plan amendment application review and evaluation process will be prepared and presented in a format consistent with the five (5) major categories of Plan policies as follows: A General Public Facilities/Services: Since the Plan policies address the continuance, expansion and initiation of new government service and facility programs, including, but not limited to, capital facility construction, each application for a land use designation amendment shall include a description and evaluation of any Plan programs (such as the affect on the timing/financing of these programs) that will be affected by the amendment if approved. This analysis shall include the availability of, and actual and anticipated demand on, facilities and services serving or proposed to serve the subject property. The facilities Future Land Use Element Appendix A FLU Appendix A - 1

2 and services required for analysis include emergency services, parks and recreation, potable water, public transportation if and when available, sanitary sewer, schools, solid waste, stormwater, and the transportation network. B Natural Resources/Natural Features: The policies of the Plan also contain general regulatory guidelines and requirements for managing growth and protecting the environment. These guidelines will be used to evaluate the overall consistency of the land use amendment with the Comprehensive Plan. Specifically each amendment will be evaluated to 1) determine the existence of groundwater recharge areas; 2) the existence of any historical or archaeological sites; 3) the location of flood zones and the demonstration that the land uses proposed in flood-prone areas are suitable to the continued natural functioning of flood plains; and 4) the suitability of the soil and topography to the development proposed. C Comprehensive Plan Review: Additional criteria and standards are also included in the Plan that describes when, where and how development is to occur. Plan development policies will be used to evaluate the appropriateness of the compatibility of the use, intensity, location, and timing of the proposed amendment. 1. Proposed Residential Land Uses. The County shall limit these uses adjacent to incompatible commercial or industrial lands unless sufficient mitigation, such as buffering and setbacks is provided and available, which lessens the impact to the proposed residences. 2. Proposed Non-Residential Land Uses. The County shall generally not permit new industrial uses to be located adjacent to existing or planned residentially zoned areas. D Transportation: Each application for a land use designation amendment will be required to demonstrate that the Level of Services standards are met or will be met concurrent with the impacts of development consistent with applicable law. In addition the application must disclose the fiscal implications of the existing deficiencies and future needs. Specifically, the analysis shall identify the following: 1. Short-range and long-term roadway improvements (scope, timing and cost) necessary to accommodate the proposed Future Land Use Map Amendment. 2. Roadway improvements necessary to ensure consistency with the currently adopted Marion County Comprehensive Plan. 3. Suggested amendments to the currently adopted Marion County Comprehensive Pan if necessary and/or applicable. E Water Supply: Each application for a land use designation amendment will be required to demonstrate that adequate water supplies and associated public facilities are (or will be) available to meet the projected growth demands. Future Land Use Element Appendix A FLU Appendix A - 2

3 SECTION FLU A-2: ADDITIONAL STANDARDS OF REVIEW Land Use Densities/Intensities and Allowable Zoning Classifications All land use designations, zoning classifications and resulting development shall be consistent with the standards set forth in Table A-1: Future Land Use Designations and Standards, except as otherwise specifically set forth in this Plan. Optional Land Use Designations The Board of County Commissioners may determine that a land use designation other than the designation requested by the applicant is appropriate. State/Federal Agency Review Proposed amendments shall be forwarded to appropriate State agencies (and Federal agencies when appropriate) for review and comment on projects located adjacent to State or Federally owned lands, within any area subject to special provisions of law or upon request of the State or Federal agency. Standard for Land Uses Map Assignments Property designated residential may be developed one category below the category depicted on the Future Land Use Map for that property without requiring a Future Land Use Map Amendment. Adequate buffering will be required to insure compatibility of the lower density with the development on adjacent land at the higher designated density. Definition of Urban Growth Boundary The Urban Growth Boundary reinforces the Marion County s preferred land uses and planned concentration of growth in the planning horizon. It is a designated area whose purpose is to promote redevelopment and compact new development to effectively prevent urban sprawl, limit conversion of agricultural and rural lands for urban use, maximize efficient use of available infrastructure and establish locations for the appropriate extension of infrastructure and services and limit the expansion of land use designations that require urban services. Standards for Amending the Urban Growth Boundary Any and all Future Land Use Map amendment applications outside the Urban Growth Boundary that submit a petition for any future land use designation that permits more than 1 dwelling unit per 5 gross acres or any other future land use designation that requires the installation of central water and sewer services as per Table A-1: Land Use Designations and Standards shall be required to be accompanied by an associated and concurrent amendment request to the Urban Growth Boundary to extend the boundary to include the parcel(s) under consideration. Requests for amendments to the Urban Growth Boundary are subject to the provisions of FLU Policy Future Land Use Element Appendix A FLU Appendix A - 3

4 SECTION FLU A-3: INTERPRETATION OF COMPREHENSIVE PLAN BOUNDARIES Whenever possible, Comprehensive Plan boundaries shall be interpreted as coinciding with manmade boundaries, such as rights-of-way lines, property lines, section lines, or with natural boundaries such as water bodies. In the event that any Comprehensive Plan boundary shown on the Official Land Use Map cannot be determined to coincide with any such boundary, the affected party may request an official interpretation from the Marion County Growth Management Director. Decisions of the Marion County Growth Management Director may be appealed to the Board of County Commissioners whose decision shall be final. Future Land Use Element Appendix A FLU Appendix A - 4

5 SECTION FLU A-4: CALCULATION OF RESIDENTIAL DENSITIES AND NON-RESIDENTIAL INTENSITIES 1. The County may provide for residential density and non-residential intensity averaging over several parcels in an effort to provide flexibility in the application of land use densities. The number of residential units in the combined parcels must be less or equal to the total residential units in individual residential parcels. Non-residential intensities must be less or equal to the intensities in individual parcels. Future Land Use Map category boundaries shall be interpreted as fixed boundaries in all cases except in limited circumstances where a Land Use Blending (LUBO) overlay is implemented through land development regulations within the Urban Growth Boundary (UGB), Rural Village District Option 2 (RVD 2) area or combinations of these areas, or within Developments of Regional Impacts or Florida Quality Developments (FQD/DRI). The following provisions apply to the designation of a LUBO overlay: a. The LUBO overlay shall be adopted as a Map Amendment to the Comprehensive Plan and shall be clearly marked and explained on the Future Land Use Map (FLUM). The LUB overlay will be implemented through the Planned Unit Development (PUD) Process in the Marion County Land Development Code. b. The LUBO overlay is merely an indicator on the FLUM that the underlying uses have blended their residential densities and/or non-residential intensities and is not a separate land use on the FLUM. c. However, if the Developer does not prepare and submit an appropriate PUD application pursuant to the County's Land Development Regulations (LDR) within one year of the Plan Amendment approval, the LUBO designation on the FLUM shall be withdrawn and the densities and intensities of residential and non-residential uses shall revert to the individual land use designations indicated on the FLUM as a Land Use Amendment. d. The submittal of a PUD application may be extended for not more than one year by the Board of County Commissioners upon a showing of good cause by the Developer. No development order shall be issued if the PUD application period has expired. e. Withdrawn LUBO designations shall be initiated and prepared by the Marion County as a map amendment to the FLUM at the next regular cycle for amendments after the expiration of the deadline for submittal of a PUD application. f. If a LUBO is implemented for a particular DRI or FQD, the Map H for that DRI/FQD shall be forwarded to the Florida Department of Community Affairs during the next Comprehensive Plan Amendment Cycle. Circumstances under which a flexible boundary may be considered are limited to instances where: a. An applicant for development approval under the residential PUD process can demonstrate by site plan an equivalency of development rights an improvement in the overall configuration of uses consistent with the provisions of the comprehensive plan. b. An applicant for a residential PUD can demonstrate all other applicable comprehensive plan provisions and land development regulations are satisfied and the configuration of uses furthers the provisions(s) of the plan. Future Land Use Element Appendix A FLU Appendix A - 5

6 Land use designations which allow residential development within the UGB, or RVD 2 or DRI/FQD shall permit the clustering of residences and non-residential uses within the gross residential density limit and/or the non-residential intensities allowed for those land use designations provided that such clustering is accomplished through the residential PUD overlay within the UGB or RVD 2 as provided herein. 2. An exception to the densities required in the Future Land Use Element shall be allowed for all non-contiguous parcels of record created on or before January 1, 1992 under one ownership, and evidenced by a properly executed deed or contract for deed held by the purchasing party, as of August 11, 1993 for the purpose of constructing one single-family residential unit. The deed or contract for deed shall be recorded in the public records on or before August 11, 1993 or proven by clear and convincing evidence to have been in existence on or before August 11, Clear and convincing evidence shall require a copy of the document, properly executed, and copies of canceled checks or other proof of payments having been made prior to August 11, (Old FLUE Policy 1.15) In limited cases contiguous parcels of record created on or before January 1, 1992 and under one ownership, as described above as of August 11, 1993 may qualify for an exception. Exceptions allowed in this policy apply to density only and do not exempt parcels from any other requirements of this plan, including concurrency. For the purposes of this policy, non-contiguous parcels means parcels that do not have any common property lines and contiguous parcels means parcels with at least one common property line. Parcels which have common property lines and would otherwise be considered contiguous but which are separated by un-platted roads or streets which have been dedicated for public use or prescriptive easements for road right of way purposes shall be considered non-contiguous parcels. For purposes of this policy and in any implementing regulations "parcels of record" shall be defined as follows: a. Parcels recorded or registered and parcels shown on all other unrecorded subdivisions, plats, or surveys in existence as of August 14, 1970, as provided in Chapter , Laws of Florida (1970); or b. Parcels shown as a specific lot, parcel, or tract which parcel was created on or before January 1, 1992 and recorded in the public records of Marion County, Florida; or c. Parcels in subdivisions approved by the Board of County Commissioners and recorded prior to January 1, 1992; or d. Parcels located in unrecorded subdivisions or registered divisions of land into "flag lots", as that term is commonly known in Marion County, where parcels were filed and accepted by Marion County and existing as of January 1, If a parcel is contiguous to other parcels owned by the same owner or entity, then such owner or entity must aggregate the contiguous parcels to the maximum extent possible in order to meet the underlying density established in this Comprehensive Plan. Future Land Use Element Appendix A FLU Appendix A - 6

7 For purposes of the exceptions to density granted or denied herein, an appeals procedure shall be adopted in the implementing regulations. Recorded and Unrecorded Subdivisions that are allowed density exceptions or that will be required to aggregate contiguous lots are as follows: a. Parcels within that phase of a recorded or unrecorded subdivision which have met the applicable conditions set forth below prior to January 1, 1992 shall be permitted to develop at the density established for that subdivision, provided that all Chapter 10D-6, F.A.C. requirements and all other requirements of this Comprehensive Plan are met. Those recorded or unrecorded subdivisions not meeting the requirements listed below will be required to aggregate parcels to meet the density requirements of this Comprehensive Plan as provided in this Section, A-4, #3. b. Subdivisions that have direct access to a County paved road and in which all parcels front on a continually maintained paved or stabilized road that meets the standards established by Marion County; and c. Parcels within subdivisions in which all parcels are served by a storm water management system that functions at the standards established by Marion County; and d. Parcels within subdivisions in which the sale of individual lots to persons by the original sub-divider has occurred at the following rates prior to August 11, 1993 if: (1) At least 85 percent of the total number of lots are sold if the subdivision was created in 1982 or before; (2) At least 60 percent of the total number of lots are sold if the subdivision was created from 1983 to 1987 inclusive; (3) For subdivisions created after 1987 the following conditions apply in order for no aggregation requirements to be placed upon contiguous lots within the subdivision: (a) At least 50 percent of the total number of lots are sold if the subdivision was created in 1988; or (b) At least 50 percent (50%) of the total number of lots are sold by 1994 if the subdivision was created in 1989; or (c) At least 50 percent (50%) of the total number of lots are sold by 1995 if the subdivision was created in 1990; or (d) At least 50 percent (50%) of the total number of lots are sold by 1996 if the subdivision was created in 1991; or (e) At least 50 percent (50%) of the total number of lots are sold by 1997 if the subdivision was created in The percentage of lots sold is meant to reflect the good faith sale of individual lots to many individuals and not the transfer of large number of lots to investors. The County shall deny this exception if the sale of lots as indicated above does not reflect this intent. 3. Property granted a density exception pursuant to #3 above may be subject to any appropriate zoning and land development regulations consistent with the density assigned to the property as a result of the exception, provided all other provisions of the comprehensive plan are met. Future Land Use Element Appendix A FLU Appendix A - 7

8 SECTION FLU A-5: THE OFFICIAL FUTURE LAND USE MAP General Application The Marion County Future Land Use Element contains the Official Future Land Use Map. This map depicts a land use designation system which defines the location and range of permitted uses in each designation, the range of permitted densities and/or intensities of use, and other data necessary to comply with minimum State requirements. The Future Land Use Classifications set forth the long range potential uses of property in the context of the lawful planning horizon and provides for a wide array of density or intensity of use within each land use classification. A property owner is not entitled to the most potentially dense or intense uses permitted within a land use classification. Thus, in some cases, the application of land development regulations including design standards, subdivision, environmental, and other regulations may result in an actual project density less than the maximum permitted by the Comprehensive Plan. The Future Land Use Map does not guarantee that maximum densities will be achieved in all cases and does not serve as a substitute density limit in place of any other regulations that would place further restrictions and/or limitations on the development density of a parcel. The official Future Land Use Map depicts the land use designation as indicated in the table below and described in subsequent sections of this Appendix. The residential densities, non-residential intensities and open space requirements for each land use are shown in the following table along with the identification of land use designation that require urban services. TABLE A-1: Land Use Classifications and Standards Future Land Use Designation Maximum Residential Density (Total Dwelling Units per gross acre) (1) General Land Use Type Maximum Density with Density Bonus Points (4) Maximum Non- Residential Intensity (Floor Area Ratio) Minimum Open Space Required (2) Residential Rural Preservation Rural Land (RL) Base: 1 du/10 ac - If Ag or Rural related: Base: None 0.35 Commercial 0.75 Industrial RL Cluster Option Max: 1.5 du/10 ac - 60% using point system RL Hamlet Option 1 1 du/5 ac - 60% RL Hamlet Option 2 1 du/3.5 ac - 60% Mixed Use Rural Activity Center 2 du/ac (residential (RAC) not required) Rural Village District (RVD) Mix of Uses Req d. RVD Option 1 1 du/ 5 ac - 80% (RVD1) RVD Option 2 (RVD2) 1 du/ac - 60% Future Land Use Element Appendix A FLU Appendix A - 8

9 Rural Town DRI Max: 2 du/ac 65% FQD Max: 3 du/ac 55% Urban Areas / Urban Areas Within the Urban Growth Boundary Residential Very Low Density Max: 1 du/5 ac Max: 1 du/2 ac Not Permitted 350 sq. ft per unit in Residential (RES-VL) Low Density Residential (RES-1) Medium Density Residential (RES-4) High Density Residential (RES-8) Multi-Family Residential Medium (RES-12) Multi-Family Residential High (RES-16) Urban Commerce District Urban Neighborhood District Max: 1 du/ac Max: 3 du/ac No set maximum. Special Use Permit or PUD required Min: 1 du/ac Max: 4 du/ac Min: 4 du/ac Max: 8 du/ac Min: 8 du/ac Max: 12 du/ac Min: 12 du/ac Max: 16 du/ac Up to 8 du/ac on 10% of UCD ga (residential not required) LDR: Max 36% ga MDR: Min 20% to Max 60% ga HDR: Min 20% to Max 60% ga Max: 6 du/ac Max: 10 du/ac Max 14 du/ac Max: 18 du/ac Mixed Use No set maximum. Special Use Permit or PUD required No set maximum. Special Use Permit or PUD required No set maximum. Special Use Permit or PUD required No set maximum. Special Use Permit or PUD required Commercial Industrial new subdivisions 350 sq. ft per unit in new subdivisions 350 sq. ft per unit in new subdivisions 350 sq. ft per unit in new subdivisions 350 sq. ft per unit in new subdivisions 350 sq. ft per unit in new subdivisions % - Public 5% - Civic Non-Residential Professional Office Limited Commercial Commercial Industrial Allowed in Urban Areas, Rural Areas, and Within or Outside the Urban Growth Boundary Residential N/A Mixed Use DRI/FQD Determined through DRI or FQD process. Specialized Commercial - Commerce District Industrial Non-Residential Equine Commercial % Support District Public Recreation Commercial - - Max ISAR: Recreation Conservation Natural Reservation Max: 1 du/10 ac (privately owned property) - - (1) Gross Area - the total project land area, exclusive of open water. This area is used to calculate the maximum development potential in terms of total dwelling units allowable upon a project site. This - Future Land Use Element Appendix A FLU Appendix A - 9

10 area is also used to calculate the required open space area. (2) Net Area - the project land area exclusive of open water, required permanent open space, and common/public areas. This area is the actual area that is available for development. (3) Open Space Calculation: When calculating gross acreage for permanent open space and development potential, wetlands should be allocated at 100%. Open water cannot be used in calculations to determine gross density development potential, nor can it be counted towards meeting required open space. (4) Maximum Density Bonus: The Maximum Density Bonus can be achieved through a variety of bonus and incentive programs including TDR and TVR programs, and as provided for in Comprehensive Plan policies. The bonuses identified in this table are the maximum bonuses allowed through any combination of the bonus and incentive programs. TABLE A-2: Types of Residential Uses Allowed Land Use District Very Low Density Residential Low Density Residential Moderate Density Residential Medium Density Residential High Density Residential Multi-Family Residential Medium Multi-Family Residential High Detached Single Family Attached Single Family Type of Residential Units Allowed Duplexes Triplexeplexes Quadra- Townhouses Apartments Mobile Homes Modular and Manufactured Housing Urban Area Yes No No No No No No Yes Yes Yes No No No No No No Yes Yes Yes No No No No No No Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes No Yes (Attached only) Rural Land Yes No No No No No No Yes Yes TABLE A-3: Mix of Uses by Land Use Designation Land Use Designation Urban Neighborhood Urban Commerce District Rural Village District Mix / Use District (UND) (UCD) (RVD) % of Net Land Area Public 15% min. - 5% min. Civic 5% min. - 5% min. Commercial/Residential 2-30% %* 2-30% High Density Residential 20-60% % Future Land Use Element Appendix A FLU Appendix A - 10

11 (Option 2 only) Medium Density 20-60% 20-60% - Residential (Option 2 only) Low Density Residential 0-36% - Option 1: 0-80% Option 2: 0-40% Workplace** 0-30% % Industrial % - *Residential associated with UCD Commercial limited to 10% of net land area with a maximum density of 8 du/acre. **Workplace Commercial and/or Industrial uses with no associated residential; maximum FAR on any tract is DEFINITIONS OF FUTURE LAND USE DESIGNATIONS The definitions and uses provided for in each of the following future land use designations are descriptive definitions only. For description purposes here, the land use classifications have been grouped into the following categories: Resource Protection Land Use Classifications Conservation Lands Natural Reservation Rural Preservation Rural Land Use Categories Rural Land 1 du/10 ga Rural Activity Center 2 du/ga Rural Village District RVD Option 1 5 du/ga RVD Option 2 1 du/ga Residential Land Use Categories Very Low Density Residential 1 du/2-5 ga Low Density Residential 1 du/ga Medium Density Residential 4 du/ga High Density Residential 8 du/ga Multi-Family Residential Medium 12 du/ga Multi-Family Residential Low Residential 16 du/ga Non-Residential Land Use Categories Professional Office Commercial Limited Commercial Equine Commercial Support District Specialized Commerce District Industrial Urban Commerce District Mixed Use Land Use Categories Development of Regional Impact/Florida Quality Development Including Rural Town Urban Neighborhood District Other Public Recreation Commercial Recreation CON NR RP RL RAC RVD RVD1 RVD2 RES-VL RES-1 RES-4 RES-8 RES-12 RES-16 PO COM LC ESD SCD IND UCD DRI/FQD (RT-DRI/RT-FQD) UND P REC CREC Future Land Use Element Appendix A FLU Appendix A - 11

12 Overlay Land Use Categories Regional Activity Center Employment Activity Center Military Operating Area Land Use Blending RGAC EAC MOA LUBO Resource Protection Land Use Categories Conservation Natural Reservation Rural Preservation Conservation The Conservation land use designation recognizes privately held or managed lands designated for the purpose of conserving or protecting natural resources or environmental quality. General Range of Potential Uses: Includes areas of general open space, areas designated for such purposes as flood control, protection of quality or quantity of groundwater or surface water, floodplain management, commercially or recreationally valuable fish and shellfish, or protection of vegetative communities or wildlife habitat. Density Restrictions: Dwelling Units/Gross Acre 0.00 Maximum Nonresidential Intensity: Floor Area Ratio 0.00 Natural Reservation These are areas designated for conservation purposes, and operated by contractual agreement with or managed by a federal, state, regional, or local government or non-profit agency. General Range of Potential Uses: Open space, appropriate recreational activities, passive nature parks, accessory structures. Density Restrictions: Dwelling Units/Gross Acre 0.00 Maximum Nonresidential Intensity: Floor Area Ratio 0.00 Rural Preservation This designation provides for agricultural and/or agricultural related uses which preserve the character of rural lands. General Range of Potential Uses: Agricultural, agricultural related uses, and community facilities. Future Land Use Element Appendix A FLU Appendix A - 12

13 Density Restrictions: Dwelling Units/Gross Acre Limited by Special Provision #1. Special Provisions: (1) Lands classified as Rural Preservation shall not be further subdivided after the adoption date of this designation except for family divisions, consistent with Chapter F.S. and in accordance with provisions contained within the Land Development Code. (2) Owners of land under this designation may further restrict use of their lands by conveyance of a perpetual conservation easement to the County or other appropriate entity or by execution of a developer s agreement between the owner and the County. Rural Land Use Categories Rural Land Rural Activity Center Rural Village District Rural Lands This designation is intended to preserve permanent open space and the character of the county's rural areas while allowing the clustering of rural development. General Range of Uses: Agricultural and/or agricultural related uses including commercial and industrial uses that are functionally related to rural and/or agricultural activities, neighborhood commercial uses, residential development including detached single-family homes, mobile homes, and manufactured housing. Density Restrictions: Dwelling Units/Gross Acre: Rural Lands may not exceed a maximum residential density of one (1) dwelling unit per ten (10) gross acres except as provided in the Special Provisions below. Maximum Nonresidential Intensity: Floor Area Ratio N/A Special Provisions: (1) Clustering Density Bonus. Densities up to a maximum of 1.5 dwelling units per ten (10) gross acres may be permitted by clustering development in the rural area when no more than 40% of the gross land area is developed and no less than 60% of the gross land area in maintained in permanent open space. The County shall continue to rely upon the point system as adopted in the Land Development Code, June 11, 1992, Section B(1)(b) to permit the density increases. The points will be based on, but not limited to the following criteria: a. Proximity to existing development Future Land Use Element Appendix A FLU Appendix A - 13

14 b. Proximity to fire and police protection c. Proximity to emergency medical services d. Vehicular access to arterial, collector and local roads e. Access and utilization of central water and sewer f. Proximity to schools g. Additional reservation of permanent open space h. Provision of low and moderate income housing (2) Hamlets. Residential uses in the rural areas may be permitted to develop in the form of a Hamlet as an alternative development concept on all Rural Lands except for those lands designated as Sending Area on the Farmland Preservation Boundary Map. Hamlets are allowable on parcels from forty (40) to one hundred fifty-nine (159) acres and are required to be consistent with the following standards. a. Annual Development Limitation. A maximum of 150 lots per year will be allotted for use in development projects utilizing the Hamlet option in Rural Lands. b. Required Open Space. Hamlets are required to cluster residential development on a maximum of 40% of the gross land area and to protect a minimum of 60% of the gross land area as permanent open space. Open space is defined as undeveloped lands suitable for passive recreation, conservation, or agricultural uses. All portions of the open space utilized for agricultural use shall be maintained in a healthy vegetative state and all agricultural uses and activities within the Hamlet shall be consistent with the current farm best management practices adopted by the Marion County Board of County Commissioners. Open space shall include at a minimum environmentally sensitive lands and locally significant resources required to be conserved and/or protected. c. Maximum Density. Hamlets must be proposed consistent with the provisions of one of the following density options and are not eligible for additional bonus densities: i. Each lot or tract must be a minimum of five (5) acres in size, and provide water and sewer service, as required in the Land Development Regulations. ii. The density within the Hamlet shall not exceed one (1) dwelling unit per each 3.5 acres (calculated on the gross acreage). Contiguous clustering of improvements shall be mandatory. The 60% required open space shall be maintained as permanent open space and shall be so noted and delineated on the recorded plat. The open space shall be permanently preserved by a developer s agreement or conservation easement acceptable to Marion County or by other manner deemed sufficient by Marion County. The open space shall be delineated as a separate tract from the individual developable parcels and shall remain under the ownership of the developer, home or property owner s association, or conveyed as an undivided interest to the owners of developable land within the Hamlet. Water and sewer service shall be provided as required in the Land Development Regulations. d. Infrastructure Requirements. All developable parcels in the Hamlet projects must have frontage upon paved roads. Future Land Use Element Appendix A FLU Appendix A - 14

15 e. Implementation. A zoning classification of A-3 and a Special Use Permit shall be required for the development of a Hamlet. In the event a preliminary plat is not approved within 12 months of the approval of the Special Use Permit for a Hamlet, or if an approved preliminary plat expires prior to approval of the final plat, the Special Use Permit shall be void and use of the property shall be limited to those allowed under the A-3 zoning classification. Criteria used to review Special Use Permit applications for Hamlet development proposals shall include, but not be limited to the following: i. Compatibility with and size of adjacent parcels ii. Proximity to commercial services iii. Proximity to emergency services iv. Vehicular access to arterial, collector and local roads v. Traffic volume on potentially impacted roadways vi. Proximity to central water and sewer facilities vii. Extent of contiguous clustering viii. Provisions for implementation of farm best management practices (3) Commercial Development Criteria. Compatible neighborhood commercial development outside Rural Villages, Rural Towns, and/or Hamlets will be allowed in accordance with the requirements and intent described herein regarding Rural Activity Centers and their maximum size, intensity, type of use, location and performance criteria. The requirements for rural neighborhood commercial development to occur will be: location adjacent to existing commercial development, or location at existing commercial nodes and/or intersections, or location within areas of population concentration within the rural areas. (4) Non-residential development and land uses, including commercial and industrial uses in the Rural Land, that are functionally related to rural and/or agricultural land uses may be located in the Rural Land by Special Use Permit. Functionally related rural and agricultural uses are those activities and development which occur in connection to farm/agricultural operations and/or provide services related to the production or marketing of agricultural products (e.g., blacksmith, saddler, farm equipment repair, and large animal veterinary services, transportation services solely related to the transport of horses and livestock, etc.). Rural Activity Center The Rural Activity Center is intended to encourage the infilling of existing commercial uses and continuing the existing commercial land uses at appropriate locations and provides for a nodal type development pattern of commercial uses at such locations. General Range of Uses: Agricultural and/or agricultural related uses including commercial and industrial uses that are functionally related to rural and/or agricultural activities and neighborhood commercial uses. Density Restrictions: Dwelling Units/Gross Acre: Residential development within the Rural Activity Centers shall not exceed a maximum Future Land Use Element Appendix A FLU Appendix A - 15

16 residential density of two (2) dwelling units per gross acre. Maximum Nonresidential Intensity: Floor Area Ratio The maximum floor area ratio shall not exceed Special Provisions: (1) Size. Where Rural Activity Centers occur at an intersection, the center of the node is determined to be the center of the intersection. The boundaries of the node can be a maximum of 1,320 feet (1/4 mile) in each direction. The total land area for a node can be a maximum of 96 acres using the dimensions specified above. This area allows for expansion of commercial uses within the Rural Activity Center. The entire area will not be prematurely allocated to commercial uses. (2) Separation/Location Standards. a. Existing Rural Activity Centers will not be held to a minimum distance separation. b. New Rural Activity Centers will be required to be separated by a distance of at least five (5) miles from the center of one node to the center of the next. A Rural Activity Center may be located a minimum of one mile from an existing Rural Activity Center (measured by driving distance from center of nodes), if the existing Rural Activity Center is at least eight-five percent (85%) developed in either acreage or parcels. No additional RACs shall be created within five (5) miles of a newly created RAC. c. Whether at intersections or not, the RAC must be on a paved roadway that is maintained by either the State of Florida or Marion County. d. For those RACs that are located at intersections, both of the roadways must meet the same criteria identified in c. above. e. In order for a newly identified Rural Activity Center (RAC) to be indicated upon the Future Land Use Map, that RAC must have been in existence as of the date of Plan adoption, January 29, 1992; there must be at least three existing and operational businesses within 500' of one another; the area must meet the conditions specified in c. and d. above; and shall require a comprehensive plan amendment. (3) Design Standards. The design standards of the Land Development Regulations shall continue to require that development within these nodes provide access for future development consistent with the nodal concept of development rather than linear development outside of the activity center. Non-residential development shall conform to the following standards: a. Non-residential uses shall be limited to an intensity and scale necessary to provide the immediate rural population with retail and personal services. Such determination should be based on market-area radius and minimum population support criteria. b. Non-residential uses shall be concentrated at the center of the Rural Activity Center with direct access to a collector or arterial intersection. Typical non-residential uses are grocery, pharmacy, medical offices, and personal services. Where a property fronts on two roads of a different Future Land Use Element Appendix A FLU Appendix A - 16

17 functional classifications, the access to the site shall be from lower classified road to the maximum extent possible. Site access distance from the intersection shall be located and designed so as not to interfere with the operation of the intersection. Rural Village District (RVD) This designation provides for increased residential density potential, and the inclusion of commercial and required open space. General Range of Uses: Agricultural and/or agricultural related uses including commercial and industrial uses that are functionally related to rural and/or agricultural activities, neighborhood commercial uses, residential development including detached single-family homes, mobile homes, and manufactured housing. Density Restrictions: Dwelling Units/Gross Acre: Village Option 1 may not exceed a maximum residential density of one (1) dwelling unit per five (5) gross acres. Village Option 2 may not exceed a maximum residential density of one (1) dwelling unit per one (1) gross acre. The following densities are allowed / required in the Rural Village District: 1. Low density residential - 2 or fewer dwelling units per net acre provided overall density does not exceed the maximum residential density permitted by the Village Option. 2. Medium density residential - 2 to 5 dwelling units per net acre provided overall density does not exceed the maximum residential density permitted by the Village Option. 3. High density residential - 5 to 10 dwelling units per acre provided overall density does not exceed the maximum residential density permitted by the Village Option. Additional bonus densities are not allowed within this district. Maximum Nonresidential Intensity: Floor Area Ratio The maximum floor area ratio (FAR) for any tract shall be Required Mix of Uses: Public (i.e., parks, squares, drainage facilities, roads Village Option 1 Village Option 2 Minimum (net land area) Maximum (net land area) Minimum (net land area) Maximum (net land area) 5% % Future Land Use Element Appendix A FLU Appendix A - 17

18 etc.) Civic (i.e., clubhouse, 5% % ---- churches, meeting halls, school buildings, etc.) Low Density Residential % 0% 40% Medium Density Residential N/P N/P 20% 60% High Density Residential N/P N/P 20% 60% Commercial/Residential 2 2% 30% 2% 30% (i.e., retail with a percentage residential accommodations above) Workplace 3 (i.e., commercial and/or industrial uses with no associated residential) 2% 30% 2% 30% N/P: Not Permitted This area is to be deducted from the permanent open space requirement. No deduction shall be allowed for the area upon which any structure is located, for any natural lakes, or for the paved portion of roads. Man-made lakes or water bodies shall be allowed as a deduction if they are part of a drainage system. Allowable uses shall include, but not be limited to buildings housing retail, restaurant, club, corporate office, medical, entertainment, lodging, and artisan businesses. Allowable uses shall include but not be limited to buildings housing corporate offices, light industry, artisan, warehousing, and automotive related businesses. Special Provisions: (1) Size. A minimum of 160 acres is required for an RVD and shall not exceed an aggregated acreage of 640 acres. (2) Village Options. There are two development options for Rural Village Districts. a. Option 1. Rural Village District Option 1 requires eighty percent (80%) of the gross land area to remain in permanent open space, leaving twenty percent (20%) of the gross land area as a contiguous net build able area. b. Option 2. Rural Village District Option 2 shall be permitted to develop on a maximum of 40% of the gross area. The 40% shall be contiguous, net buildable area. The remaining 60% shall be left in permanent open space, which may be utilized for recreational, conservation and/or agricultural purposes. A project utilizing Rural Village District Option 2 is required to meet the following criteria: i. The area proposed for development is located within one (1) mile of an Urban Area as indicated in the Future Land Use Map series; or ii. The amount of existing development within one mile of the perimeter of the area proposed for development is forty percent (40%) developed; and the amount of existing development within two miles of the perimeter of the area proposed for development is sixty percent (60%) developed. "Existing development" is defined as "developed" for areas that contain the following land uses and that meet the specified criteria: (a) Existing residential development at a density of one dwelling unit per acre or greater (lots one acre in size and smaller) Future Land Use Element Appendix A FLU Appendix A - 18

19 and at least fifty percent (50%) built out; or (b) Existing non-residential development and support infrastructure such as public facilities, commercial or industrial land uses that are related to and supportive of the proposed Rural Village District. (3) Open Space Standards. For each Rural Village District option, open space is defined as undeveloped lands suitable for passive recreation, conservation, or agricultural uses. Open space shall include at a minimum environmentally sensitive lands and locally significant resources required to be conserved and/or protected. (4) Compact Design. The net buildable area shall be reasonably compact, clustered, and sited in the same general location of the land area. Deviations from the reasonably compact requirement shall only be allowed when necessary for the protection of environmentally sensitive lands and locally significant resources. (5) Affordable Housing. Twenty percent (20%) of the residential dwellings or accommodations provided in a Rural Village District are to be affordable to low income households. This provision is not applicable to time-share condominiums. However, developers of time-share condominiums in a Rural Village District project shall insure that adequate affordable housing exists for all employees within the District through the preparation of an Affordable Housing Study. The Affordable Housing Study shall demonstrate that adequate affordable housing is available in the areas surrounding the project site for the employees within the District. The study must be consistent with the standards contained in the Adequate Housing Uniform Standard Rule contained in s. 9J FAC and submitted with the Future Land Use Map Amendment application. If the study indicates affordable housing is not available, the developer will be required to provide the balance of affordable housing required for its employees up to a maximum of 20% of the total approved housing units of the project either within the site or proximate to the site. (6) Infrastructure Requirements. Rural Villages shall be served by central water and sewer facilities meeting level of service standards as set by this Plan. These can be provided by public or the private sector. Residential Designations Very Low Density Residential Low Density Residential Medium Density Residential High Density Residential Multi-Family Residential Medium Multi-Family Residential High Very Low Residential To recognize those areas suited for single-family detached residential development at a maximum density of one dwelling unit per two to five gross acres depending upon the provision of central utilities, and to provide a transition between Rural land uses and Urban uses, particularly in proximity to the Farmland Preservation Area. Future Land Use Element Appendix A FLU Appendix A - 19

20 General Range of Uses: Single-Family detached residential uses, including mobile homes and manufactured housing, recreation facilities and neighborhood-scale public and semipublic uses, such as central utility systems. Maximum Density: Low Density Residential may not exceed a maximum residential density of: (1) One dwelling unit per two gross acres with the following requirements: a. One Transfer of Development Right (TDR) Credit shall be obtained for each acre of the property to be assigned this designation. b. The required TDR Credits shall be obtained after the Very Low Density Residential designation for the property is adopted by the Board of County Commissioners and, such designation is found in compliance by the Department of Community Affairs in accordance to Policy Until such time as the TDR Credits are obtained, the maximum residential density shall be one dwelling unit per five gross acres; and c. Centralized water and sewer shall be required to be provided on or to the site and be dedicated to and operated by the County, unless the site is located in another provider s utility service area, the County allows another provider to serve the site, or the County elects not to accept the central water and sewer facilities. (2) One dwelling unit per five gross acres if the foregoing requirements are not met. Special Provisions: (1) Open Space. All new residential subdivisions of land in the Urban Area will be required to provide permanent open space at a minimum of 350 square feet per unit. This can be dedicated by conservation easement, permanent open space or fee-in-lieu-of. The permanent open space can be utilized for recreational purposes or permanent open space. When calculating gross acreage for permanent open space and development potential, wetlands should be allocated at 100%. Open water cannot be used in calculations to determine gross density development potential, nor can it be counted towards meeting required open space. (2) Neighborhood Commercial. No commercial uses shall be permitted, except for home occupations in accordance to Appendix B, B-1. Existing vested development that is changed to Very Low Density Residential shall be allowed to continue as a non-conforming uses or as allowed in accordance to a previously issued Policy 1.20 letter. Low Density Residential To recognize those areas suited for single-family detached residential development at a maximum density of one dwelling unit per gross acre. General Range of Uses: Single-Family residential uses (duplexes, triplexes, quadraplexes, mobile homes, and manufactured housing), recreation facilities, and neighborhood scale commercial uses and neighborhood-scale public and semipublic uses, such as central utility systems. Future Land Use Element Appendix A FLU Appendix A - 20

21 Maximum Density: Low Density Residential may not exceed a maximum residential density of one (1) dwelling unit per gross acre. Special Provisions: (3) Open Space. All new residential subdivisions of land in the Urban Area will be required to provide permanent open space at a minimum of 350 square feet per unit. This can be dedicated by conservation easement, permanent open space or fee-in-lieu-of. The permanent open space can be utilized for recreational purposes or permanent open space. When calculating gross acreage for permanent open space and development potential, wetlands should be allocated at 100%. Open water cannot be used in calculations to determine gross density development potential, nor can it be counted towards meeting required open space. (4) Neighborhood Commercial. Neighborhood Commercial uses may be permitted within the Low Density Residential land use designation provided the commercial uses are compatible with surrounding land uses and do not adversely affect adjacent residential areas or disrupt traffic patterns. a. Scale of Use. These commercial uses are primarily intended to serve the residential areas. These uses are limited to low intensity land usage and site coverage so as to ensure that these uses maintain a well landscaped appearance so as to readily blend with adjacent residential land uses. b. Existing Structures. Allowable neighborhood commercial uses are those that utilize existing residential structures for professional offices. c. Commercial Uses/New Structures. Proposed neighborhood commercial uses that are non-office uses or that would require construction of a new structure will be required to undergo the Special Use Permit process as provided in the adopted Land Development Code or the Planned Unit Development process as provided in the adopted Land Development Code (but is not subject to the minimum lot size requirements thereof). All neighborhood commercial uses must be located along collector roads or minor arterials. Non-office commercial uses shall be restricted to those uses that primarily are to serve the immediate residential areas, promote non-automotive travel, and reduce trip lengths. Medium Density Residential To recognize those areas suited for single-and multi-family residential development having a minimum density of three dwelling units per gross acre and a maximum density of four dwelling units per gross acre. General Range of Uses: Single-family residential uses, (duplexes, triplexes, quadraplexes, mobile homes, and manufactured housing), townhomes, recreation facilities, neighborhood-scale commercial uses and neighborhood-scale public and semipublic uses, such as central utility systems. Maximum Density: Medium Density Residential at a minimum of three (3) units per gross acre and may not exceed a maximum residential density of four (4) dwelling units per gross acre. Future Land Use Element Appendix A FLU Appendix A - 21