SUBJECT:
Title
Sunstop #360 Ocala - Major Site Plan - 00296 - Waiver to Major Site Plan in Review
Parcel #: 24261-000-10 #WaiverPIR-000923-2026
Mastroserio Engineering, Inc.
LDC 6.12.11 Turn lanes
CODE states Turn lanes shall be required as warranted by the project's Traffic Impact Analysis and in accordance with FDOT or as approved by the County Engineer. In addition, turn lanes shall be considered any time an unsafe condition exists or will be created. The cost of construction of such lanes shall be the responsibility of the developer. Additional right-of-way may be required and shall be dedicated by the developer and shown on the Improvement Plans and Final Plat. Any off-site improvement designs shall be submitted as an Improvement Plan application.
APPLICANT - Although the warrant threshold is met, the Applicant respectfully requests a waiver from constructing the right-turn lane at this time based on the following conditions:
1. Planned County Roadway Improvements Marion County has programmed the widening of NE 35th Street in the near future. The County’s planned improvements will reconstruct the roadway section, including turn lanes, drainage, and access management features along this corridor.
2. Redundancy and Inefficient Use of Resources Construction of a standalone right-turn lane by the Applicant would be temporary and would be removed or reconstructed as part of the County’s widening project. This would result in unnecessary expenditure and redundant construction that provides no long-term benefit to the County or the traveling public.
3. No Operational Deficiency in the Interim. The TIA indicates that the project’s traffic can be safely and efficiently accommodated on the existing roadway network until the County’s widening project is implemented. The absence of a dedicated right-turn lane does not create a safety or operational deficiency in the interim condition.
4. Consistency With County Capital Planning Deferring construction of the right-turn lane aligns the project with the County’s planned capital improvements and avoids constructing infrastructure that will be modified or replaced in the near term.
For these reasons, the Applicant requests approval of a waiver from LDC §6.12.11 to defer construction of the warranted right-turn lane on NE 35th Street. The Applicant remains committed to coordinating with Marion County during the future widening project to ensure access design remains consistent with County standards. The client is willing to execute an agreement to protect the county’s interests and will compensate the county for the cost of the right turn lane. The cost to be determined and agreed upon by both parties, if the waiver is approved.
LDC 6.12.12.D - Sidewalks
CODE states At the discretion of the Development Review Committee, in lieu of construction along external streets, the developer may pay a sidewalk fee to the County in an amount necessary to complete construction. This amount shall be determined by the project engineer and approved by the County with payment required prior to final plan approval. The County may use these funds toward the construction of sidewalks throughout the County based on priorities established by the Board.
APPLICANT requests a waiver from LDC §6.12.12 to allow payment of the calculated $13,824.00 into the Marion County Sidewalk Fund in lieu of constructing sidewalks along NE 35th Street and NE 25th Avenue, as isolated frontage segments would not provide meaningful pedestrian connectivity, and the in-lieu contribution allows the County to apply the funds where they will deliver greater network benefit.
LDC 6.8.6.K(3) Buffers
CODE states C-Type buffer shall consist of a 15-foot wide landscape strip without a buffer wall. The buffer shall contain at least two shade trees and three accent/ornamental trees for every 100 lineal feet or fractional part thereof. Shrubs and groundcovers, excluding turfgrass, shall comprise at least 50 percent of the required buffer and form a layered landscape screen with a minimum height of three feet achieved within one year.
APPLICANT - requests a waiver from LDC 6.8.6 to allow construction of
limited impervious area within portions of the required Type C Buffer along the east boundary. This area directly abuts a heavily wooded County DRA that already provides substantial visual screening and functional separation, ensuring the intent of the buffer is maintained. In locations where the buffer width is reduced, the Applicant will provide additional landscape screening to preserve the overall effectiveness of the Type C Buffer.
LDC 6.8.8. Building landscaping
CODE states A. Landscape plantings shall be provided along the public view sides of all proposed structures to reduce the monotony of large blank walls, reduce heat gain and glare, and enhance the aesthetic appearance of the building. B. Landscape areas shall be provided adjacent to or within 25 feet from the building walls and shall extend along 60 percent of the total length of the wall, excluding those areas required for access to the building. C. Landscape areas shall be a minimum of five feet wide allowing for a minimum distance of two feet from the façade to the innermost plants. D. Large trees shall not be located within 20 feet of a building. Accent/ornamental trees shall be located sufficiently to allow for healthy growth and to minimize the need for pruning.
APPLICANT requests a waiver from LDC §6.8.8 to allow the required landscaping to be satisfied through enhanced screening within the Type C Bu��er along NE 35th Street and NE 25th Avenue. The frontage buffers provide substantial opportunities for increased plantings and can achieve the same or greater visual mitigation and aesthetic effect as on-building landscaping. Enhancing the Type C Buffer along these corridors maintains the full intent of the Code while supporting a more cohesive and functional site design.
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