SUBJECT:
Title
AGENCERT 26-01 - Linda Capozzoli, Agricultural Enclave Certification Request, 19.62 Acres, Parcel 35460-039-00, Site Addresses 7317 and 7325 SW 80th Street, Ocala, FL 34476
Body
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INITIATOR: |
DEPARTMENT: |
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Kenneth Weyrauch, Deputy Director |
Growth Services |
DESCRIPTION/BACKGROUND:
Christopher Roper, on behalf of the property owner, Linda Capozzoli, has filed an application requesting an Agricultural Enclave Certification pursuant to Section 163.3162(4), Florida Statutes, as amended by Chapter 2026-34, Laws of Florida (SB 686), on a total 19.62-acre parcel located at 7317 SW 80th Street, Ocala, FL. The applicant seeks to develop up to four dwelling units per acre, similar to the Westwood Trails Planned Unit Development adjacent to the west of the subject parcel (35460-039-00). The property is located in the Secondary Springs Protection Overlay Zone as well as the Urban Growth Boundary and is located east of On Top of the World and west of SW Highway 200.
This past legislative session, Florida Senate Bill 686 established an agricultural enclave as generally an unincorporated, undeveloped agricultural property that has become surrounded by, or substantially adjacent to, urban/developable land. The statutory changes are designed to give qualifying agricultural properties a streamlined path toward development rather than requiring them to remain agricultural while surrounding properties urbanize. The property generally must have been under single ownership/control and in bona fide agricultural use for at least five years. It must satisfy one of several surrounding development/perimeter tests. The property must also have public services such as water, wastewater, transportation, schools, and recreation, available, programmed, provided by another infrastructure provider, or the developer must offer to pay its proportionate share of necessary improvements. Senate Bill 686 is attached to this agenda item for reference.
Counties with populations of 1.75 million or less, such as Marion County, must consider applications for certification as an agricultural enclave and proceed as follows:
• Within 30 days of receiving the application, the local government must give the applicant a written report stating whether the application satisfies the statutory certification requirements.
• Within 30 days after issuing the report, the governing body must hold a public hearing and approve or deny agricultural enclave certification. Most importantly, if the local government does not act within 90 days of receiving the application, certification is automatic.
• If denied, the governing body must issue a written decision containing detailed findings of fact and conclusions of law. The applicant may seek certiorari review in circuit court within 30 days.
• If certified, the owner may submit plans for single-family residential development consistent with the uses, density, and intensity allowed on qualifying adjacent property. The proposed development must be treated as a conforming use notwithstanding the local comprehensive plan, future land-use designation, or zoning.
Once certified, and within 30 business days after development plans are submitted, the County and applicant must enter into a written agreement establishing the review process and schedule. The County cannot require a process lasting more than 180 days or require another quasi-judicial proceeding or public hearing. Staff recommend that the traditional development review process for the review and approval of improvements plans be followed as closely as possible.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
For discussion and consideration.
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