? Consent Agenda ?Quasi-Judicial Public Hearing
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DEPARTMENT: Planning & Zoning
SUBMITTED BY: Laura McClelland
PRESENTED BY: Misty Servia
TITLE & DESCRIPTION:
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Board approval to mail notice concerning lapsing PUD
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REQUESTED MOTION:
Motion authorizing the Planning Director to send the attached notice letter to PowerAuto concerning the lapsing of the PUD Concept Development Plan and intent to rezone.
SUMMARY: In 2015, pursuant to an application filed by Power Auto Corporation ("Power Auto") the DeSoto County (the "County") Board of County Commissioners approved a rezoning of approximately 797? acres (the "Property") within the County from Agricultural-10 ("A-10") to Planned Unit Development ("PUD") pursuant to Resolution 2015-41. As noted in Resolution 2015-41, the PUD was to be developed in accordance with the approved Concept Development Plan.
As of the date of this agenda item, no significant construction has occurred within the PUD in furtherance of developing the approved Concept Development Plan. Therefore, pursuant to Section 20-144 (f)(10)(c) of the County's Land Development Regulations, County staff has initially determined that the Concept Development Plan associated with Resolution 2015-41 has lapsed, as no significant construction had occurred within 5 years of the time of the PUD enactment as required therein.
Moreover, Power Auto has sold portions of the Property to third parties, including Maria's Rentals LLC, who is now seeking to rezone those parcels that they own.
Staff is seeking authority from the Board to execute and send the correspondence attached to this agenda item, to Power Auto, advising Power Auto that the County is in receipt of an application by Maria's Rentals LLC to rezone certain parcels that are contained within the boundaries of the former PUD Property, which rezoning the Board will consider at a future hearing date to be determined, but no sooner tha...
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