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 Two Tracts Totaling Approximate ±7.48 Acre Tract, on Parcel Numbers 8007-0000-08 and 8007-000-10, No Address Assigned
Body
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INITIATOR: |
DEPARTMENT: |
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Kenneth Weyrauch, Deputy Director |
Growth Services |
DESCRIPTION/BACKGROUND:
John Rudnianyn, on behalf of the Deltona Corporation, filed a small-scale comprehensive plan amendment application (see Attachment A) 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 are parts of larger parcels that 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.
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 part 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 (BLIM) that includes a companion release request for the greenbelt restriction designation. Portions of the concurrent applications are contingent on approval of this request; should the request be denied, the concurrent applications would not be eligible for approval without modification; further, if the related BLIM and Joinder are not approved this request functionally not be eligible for approval.
Staff continues to recommend 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 leading to SW 49th Avenue. The Planning & Zoning Commission recommended approval of the request subject to staff and applicant efforts to possibly resolve future development and access concerns related to the greenbelt crossings. However, at this time staff continues to have concerns related to the conversion of the green belt use in regards to the overall Marion Oaks Development and the surrounding community and a more effective evaluation of the potential transportation network impacts of the conversion, particularly related to Hwy 484, Marion Oaks Course, and their intersection function and operation as the Marion Oaks Development is only now approaching 50% of its expected residential development potential. This application is accompanied by a concurrent Rezoning and BLIM and Joinder to release restrictions for this application’s two related tracts and a series of other tracts.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Receive public comment and motion to approve the Amendment Application based on the findings provided in the staff memo and Planning & Zoning Commission staff report.
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