Skip to main content
File #: 2023-11412   
Type: Zoning Consideration Status: Agenda Ready
File created: 5/22/2023 Meeting Body Board of County Commissioners
On agenda: 6/6/2023 Final action:
Title: 220917ZC - Bradley L. and Lori J. Busch, Zoning Change from Planned Unit Development (PUD) to Multiple-Family Dwelling (R-3), 5.80 Acres. Location: West Side of SW 43rd Court
Attachments: 1. 220917ZC_Busch_KO_FINAL Report, 2. 220917ZC_Attachment A_Application, 3. 220917ZC_Attachment B_PRC, 4. 220917ZC_Attachment C Site Plan, 5. 220917ZC_Attachment D Site Photos, 6. 220917ZC_Attachment E_Deed, 7. Attachment F_DRC Comments, 8. Approved LRM, 9. Development Agreement

 

SUBJECT:

Title

220917ZC - Bradley L. and Lori J. Busch, Zoning Change from Planned Unit Development (PUD) to Multiple-Family Dwelling (R-3), 5.80 Acres. Location: West Side of SW 43rd Court

Body

 

INITIATOR:

DEPARTMENT:

Ken Weyrauch, Deputy Director

Growth Services

 

DESCRIPTION/BACKGROUND:

Applicant Jerry Pionessa, Jr., on behalf of the landowners Bradley and Lori Busch, have filed a rezoning application to change the zoning classification of a 5.80-acre property from Mixed Family Residential (R-4) to Multi-Family Dwelling (R-3).  In 2006, the property was rezoned from Mixed Family Residential (R-4) to Planned Unit Development (PUD); however, consistent with Land Development Code (LDC) Section 4.2.31.M.(1)(a), the PUD was automatically revoked and reverted to its previous zoning classification because the application for approval of the final development plan is not filed within five years from the date of approval of the Preliminary Plat or Major Site Plan.  The PI Numbers associated with the property are 23813-008-00 and 23813-009-00, the street address is not assigned.  The subject property is situated inside the Urban Growth Boundary (UGB) and within the Secondary Springs Overlay Protection Zone.

 

On October 4, 2022, the Board originally denied this rezoning application.  The applicant filed a Request for Dispute Resolution and a resolution was identified that included the rezoning of the property and the entering into a Development Agreement.  The mediated settlement agreement was presented to the Board of County Commissioners during a regularly scheduled Board Meeting on May 2, 2023 (May 2, 2023 Agenda Item with Agreement <https://marionfl.legistar.com/LegislationDetail.aspx?ID=6186993&GUID=D6F1673F-16F8-4215-A867-AD279DA61C3E>).  Per the terms of the mediation, the rezoning consideration is being brought for the Board’s consideration.

 

BUDGET/IMPACT:

None

 

RECOMMENDED ACTION:

Recommended action

Mediated agreement. To be determined.

end