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 Approximate 7.48 Acres, on Parcel Numbers 8007-0000-08 and 8007-000-10, No Address Assigned
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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 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 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.
The properties are currently zoned R-1 which enables recreation related and similar uses which is consistent with the properties’ current Preservation land use designation, that reflects that the overall subject properties are identified as “Greenbelt” tracts where development of the properties is significantly limited. This Rezoning Application is proposed 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 for land use designation change with a Binding Letter of Modification for Vested Rights for a Vested DRI (BLIM) that includes a companion Joinder release request for the greenbelt restriction designation. This request is dependent on the future land use change approval (26-S03) and should that request be denied, this application would not be eligible for approval; 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 Rezoning Application as staff does not support 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 deny the Rezoning Application based on the findings provided in the staff memo and staff report.
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