SUBJECT:
Title
260507ZC - The Deltona Corporation, Zoning Change from Single-Family Dwelling (R-1) to Community Business (B-2) Zone, For All Permitted Uses, 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 Approximately 7.48 Acres, on Parcel Numbers 8007-0000-08 and 8007-000-10, No Address Assigned [CONTINUED FROM APRIL 26, 2026]
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DESCRIPTION/BACKGROUND:
John Rudnianyn, on behalf of the Deltona Corporation, filed a zoning change application to change the zoning from Single-Family Dwelling (R-1) to Community Business (B-2) 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 dependent upon the granting of a concurrent Small-Scale Comprehensive Plan Amendment Application (26-S03) and Binding Letter of Modification to a Development with Vested Rights (BLIM) Application accompanied by a Partial Release of a Declaration of Restrictions related to greenbelt designations. Should those concurrent applications not be approved, this application will not be inconsistent with the Comprehensive Plan and the Vested Rights 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). The R-1 zoning reflected the Greenbelt / Preservation designation as the R-1 zoning also enables community and/or personal use garden and public park, playground or other public recreational use. 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 amend the site’s future land use designation 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 the amendment, which is not recommended by staff, and if not granted, this request would not be eligible for approval.
Staff have recommended denial of the concurrent Comprehensive Plan Amendment request for the sites that are the subject of this application. As such, staff recommend DENIAL of the rezoning application. Staff finds the requested zoning does not conform to LDC Section 2.7.3.E(2) would adversely affect the public interest, is not compatible with the Marion County Comprehensive Plan, and is not compatible with the surrounding area.
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