SUBJECT:
Title
26-S03 - The Deltona Corporation, Land Use Change, for Two Sites from Preservation (PR) to Commercial (COM), Totaling ±0.29 Acres Within the Marion Oaks Vested Development of Regional Impact, Consisting of ±0.15 Acres East of Marion Oaks Course and ±0.14 acres West of Marion Oaks Course, Portions of an Two Tracts Totaling Approximate ±7.48 Acre Tract, on Parcels 8007-0000-08 and 8007-000-10, No Address Assigned [CONTINUED FROM APRIL 26, 2026.]
Body
DESCRIPTION/BACKGROUND:
John Rudnianyn, on behalf of the Deltona Corporation, filed a small-scale comprehensive plan amendment application to change the future land use designation from Preservation (PR) to Commercial (COM) for two sites consisting of a total of ±0.29 acres within the Marion Oaks Vested Development of Regional Impact (MO VDRI). The two sites adjoin the north side of W. Hwy 484 and consist of ±0.15 acres lying east of Marion Oaks Course and ±0.14 acres lying west of Marion Oaks Course. The Parcel Identification Numbers for the overall properties are 8007-0000-08 (east Tract “H” part) and 8007-0000-10 (west Tract “J” part) and no addresses are assigned to the parcels.
This application is one of a series of concurrent applications. The concurrent applications are dependent upon the granting of this Small-Scale Comprehensive Plan Amendment Application (26-S03). Should this application not be approved, the other applications will not be inconsistent with the Comprehensive Plan and will not be eligible for approval. This application’s consideration by the Planning & Zoning Commission (P&ZC) was continued for April 26, 2026, to May 27, 2026, at the applicant’s request, with staff’s concurrence, to enable staff and the applicant to further discuss and address alternatives related to the request and its concurrent applications. Discussions have been ongoing and moving forward; this request is being presented to obtain the P&ZC’s input and recommendation for this and the other concurrent applications.
Marion County's 2013/2014 Comprehensive Plan Update integrated the County's approved and established Developments of Regional Impact and their authorized development plans, and land uses within the Future Land Use Map. That update also integrated future land use designations for two of the County’s primary Chapter 380.06, F.S. Vested Developments of Regional Impact based on master plan documents available to the County, specifically Silver Springs Shores and Marion Oaks. The Marion Oaks Subdivision’s applicable documents, including deed restrictions and the master plan documents, each identified the overall subject properties as “Greenbelt” tracts where development of the properties was significantly limited and those tracts were then identified as Preservation (PR). This Amendment Application is proposed in order to revise a portion of the overall subject properties to enable driveway connections for commercial purposes directly to SW Hwy 484. Further, this application is part of a set of concurrent applications to also rezone the sites and obtain a Binding Letter of Modification For Vested Rights for a Vested DRI that includes a companion release request for the greenbelt restriction designation. The concurrent applications are contingent on approval of this request; should the request be denied, the concurrent applications would not be eligible for approval.
Staff is recommending the DENIAL of the Small-Scale Future Land Use Map Series (FLUMS) amendment as the broadened traffic connection to SW Hwy 484 would be inconsistent with the historic vested rights of the subdivision, and enabling such connections could result in significant traffic and operational effects related to a key intersection within the Marion Oaks development and to SW Hwy 484 that is a designated arterial roadway extending east-west across southern Marion County (from US 41 to US 27/441). And Marion Oaks Course that is a designated collector roadway. This application is accompanied by a concurrent Rezoning and Binding Letter of Modification Applications along with a broader request to “release” the greenbelt restrictions for the two related full tracts and a number of other tracts which is a further concern for staff.
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