A unanimous but reluctant Marion County Commission on Oct. 6 granted "agricultural enclave" status to a plot of land between State Road 200 and On Top of the World, thus clearing the way for development of a 71-house community.
"Our hands are being tied behind our backs" by state law, Commissioner Kathy Bryant said.
"It's just very unfortunate," she added later.
The county attorney noted during the commission meeting that the 19.62 acres in question, off Southwest 80th Street about half way between On Top of the World and SR 200, meet all the requirements for agricultural enclave status. Those requirements are spelled out in a state law that took effect July 1.
says no
Simply put, the enclave status is designed to ease the burden faced by owners of agricultural property who are surrounded by residential development — either existing or potential.
In this case, property owner Linda Capozzoli's FreeSpirit Farms Inc., a horse farm, has Westwood Trails being developed to the west and land designated for low-density residential on all other sides.
In December, the county commission rejected Capozzoli's request to rezone her acreage and also change its designation on the Future Land Use Map. With that rejection, her development plan — back then it was for 72 houses — was stopped.
Capozzoli was trying again, and her request was making its way through the standard development process. County staff reviewed the request and recommended approval. The Planning and Zoning Commission tied 3-3 on whether to recommend approval.
But all that was moot once the agricultural enclave status was granted on Oct. 6. With that status, the new state law says Capozzoli is now free to develop residential housing similar in density to that on adjacent parcels or developments.
"I'm not at all happy with the state of Florida continuing to dilute our home rule," Commissioner Craig Curry said before the Oct. 6 vote. But he also knows that denial of the enclave status would have led the county into a costly and certain loss in court.
"We can't break the law," Commissioner Michelle Stone added later.
Commission Vice Chair Matt McClain also voted in favor of the enclave, making the vote 4-0. Chairman Carl Zalak was absent.
There was mention on Oct. 6, as there has been in the past, of safety concerns at 80th Street and SR 200. The land owner once again pledged to pay her share for any road improvements.
But Bryant noted that other infrastructure considerations also are in play. She said it's regrettable that state law doesn't allow local governments — which, after all, must manage growth and development and deal with its consequences — to have a stronger say in cases like this.
"This is really a hard pill to swallow," Bryant said.
jross@usatodayco.com
This article originally appeared on Ocala Star-Banner: Marion County Commission reluctantly clears way for residential development
