SUBJECT:
Title
260508BL - The Deltona Corporation, Binding Letter of Modification (BLIM) to a Binding Letter of Interpretation for Vested Rights (BLIVR) for the Marion Oaks Vested Development of Regional Impact to Allow the Subject Properties to be Used for Commercial Purposes Including Access to Adjacent Commercial Lands, 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 8007-0000-10 and 8007-0000-08, No Address Assigned AND Consideration of a Request for County to Participate in a Joinder in Amendment to, and Partial Release of Tracts Subject to, Declaration of Restrictions (Green Belt) on Parcel Numbers 41200-056-06 (pt), 8007-0000-01, 8007-0000-03, 8007-0000-05 (pt), 8007-0000-08, 8007-0000-10, 8007-0000-11, 8007-0000-13, 8007-0000-18, 8007-0000-19, 8007-0000-22, 8007-0000-23, 8007-0001-23, 8007-0000-24, 8007-0000-25, 8007-0000-26, 8007-0001-26, and 8007-1099-02 (pt)
Body
|
INITIATOR: |
DEPARTMENT: |
|
Kenneth Weyrauch, Deputy Director |
Growth Services |
DESCRIPTION/BACKGROUND:
W. James Gooding, III, Esq. on behalf of the Deltona Corporation, et.al., filed a Binding Letter of Modification for a Development with Vested Rights (BLIM) along with a Joinder(s) in Amendment to, and Partial Release of Tracts Subject to Declaration of Restrictions (Green Belt), for a series of tracts within the Marion Oaks Unit Seven. The original request proposed release of all green belt tracts; following discussion with staff the request was functionally refined to portions of Tracts “A” (PID 8007-0000-01), “H” (PID 8007-0000-08), “J” (PID 8007-0000-10), “R” (PID 8007-1108+01), “Z” (PID 8007-0000-26/8007-0001-26/8007-1099-02 ), and all of Tract “AA” (PID 8007-1099-02) and Tract “G” (PID 41200-056-06).
The request portion related to parts of Tract “H” and Tract “J” are related to two concurrent applications - 26-S03, Small-Scale Comprehensive Plan Amendment Application for future land use change from Preservation to Commercial, and 20260507ZC, Rezoning Application for zoning change from Single-Family Dwelling (R-1) to Community Business (B-2); approval of this request for those tract portions is dependent upon approval of the concurrent applications and staff is recommending DENIAL of those applications. In the event those requests are denied or modified, denial and/or modification of the Tract “H” and/or Tract “J” BLIM/Joinder portions may be necessary.
For the remaining tracts and parts of tracts, staff recommends APPROVAL of the requests as they will reflect the incorporation of some of the tracts (“AA” and part of “Z”) into the Transwestern PUD (221208ZP) approved in 2023, and the development of infrastructure supporting the Marion Oaks Development as Tract “G” is part of a Sumter Electric Cooperative electric sub-station facility and the parts of Tract “A” and Tract “R” are held by Marion County for SW 49th Avenue and other rights-of-way and expansion of a water retention area.
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 for Tracts “H” and “J” 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 DENY the Binding Letter of Modification for a Development with Vested Rights (BLIM) along with the accompanying Joinder for Release of Restrictions for Marion Oaks Unit Seven as related to part of Tract “H” and part of Tract “J” and motion to APPROVE the Resolution for the Binding Letter of Modification for a Development with Vested Rights (BLIM) along with the accompanying Joinders for Marion Oaks Unit Seven as related to Tracts “A” (part of PID 8007-0000-01), “R” (part of PID 8007-0000-18/8007-1108+01), “Z” (part of PID 8007-0000-26/8007-0001-26/8007-1099-02), and all of Tract “AA” (PID 8007-0000-27/8007-1099-02) and Tract “G” (PID 41200-056-07/41200-056-06 ).
end