Marion County - File #: 2026-23019

• File #: 2026-23019
• Type: Consent
• Status: Agenda Ready
• File created: 5/11/2026
• Meeting Body: Planning & Zoning Commission
• On agenda: 5/27/2026
• 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 Approximate 7.48 Acres, on Parcels 8007-0000-10 and 8007-000-08, 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 Parcels 41200-056-06 (pt), 8007-0000-01, -03, -05 (pt), -08, -10, -11, -13, -18, -19, -22, -0000-23, -0001-23, -24, -25, -0000-26, -0001-26, and -1099-02 (pt) [CONTINUED FROM APRIL 26, 2026]

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  Approximate 7.48 Acres, on Parcels 8007-0000-10 and 8007-000-08, 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 Parcels 41200-056-06 (pt), 8007-0000-01, -03, -05 (pt), -08, -10, -11, -13, -18, -19, -22, -0000-23, -0001-23, -24, -25, -0000-26, -0001-26, and -1099-02 (pt) [CONTINUED FROM APRIL 26, 2026]

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DESCRIPTION/BACKGROUND:

James W. Gooding, III, Esq., on behalf of the Deltona Corporation has submitted two requests related to the Marion Oaks Unit Seven Subdivision, a part of the overall Marion Oaks Vested Development of Regional Impact (VDRI) project initially established in 1973 via a series of subdivision plats approved by Marion County.  In 1986, Marion Oaks Units One through Ten obtained vested rights recognition under Chapter 380.06, F.S., that established the State of Florida’s Development of Regional Impact Program (DRI Program).  In 1995, Marion Oaks Units Eleven and Twelve were completed following the establishment of the DRI Program; however, those units were granted vested rights by Marion County’s Vesting Committee. Each of the Marion Oaks Units include a series of tracts subject to deed restrictions identifying the tracts as “green belts” that functioned to limit the range of uses on the tracts.  A provision of the restrictions required Marion County approval and release for changes to the restriction’s provisions; to date, Marion County has not granted any approvals for changes to the Marion Oaks Unit Seven green belt restrictions.

The first request seeks approval for a functional Binding Letter of Modification to a Project with Vested Rights pursuant to Chapter 380.06, F.S. (BLIM) related to the Marion Oaks VDRI. The second request is a “Request for Joinder in Amendment to, and Partial Release of Tracts Subject to, Declaration of Restrictions (Green Belt)” (Joinder) seeking Marion County’s approval in releasing existing restrictions limiting the use of certain “green belt” tracts within Marion Oaks Unit Seven. 

The requests are accompanied by concurrent applications for a Comprehensive Plan Amendment (CPA 26-S03) and Rezoning (RZN 260507ZC) to change the future land use designation of parts of Tract “H” and Tract “J” from Preservation to Commercial, with a rezoning from Single-Family Dwelling (R-1) to Community Business (B-2).  The concurrent applications and these two applications are dependent upon each other.  In the event one of the applications is not approved, then none of the applications are essentially eligible for approval as other conditions would then preclude the potential use/development. 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.

Staff recommend DENIAL for the requests as presented by the applicant.  The BLIM would enable additional traffic accessibility not previously authorized or foreseen with the establishment of the Marion Oaks VDRI and Marion Oaks Unit Seven and may result in increased and uncontrolled transportation network impacts along two critical roadways that serve the area, specifically SW Hwy 484 and Marion Oaks Course. The Joinder proposes to remove the green belt restriction from sixteen (16) designated tracts, far more than the two tracts that are the focus of the BLIM and other concurrent applications. Additionally, the Joinder would authorize further restrictions releases on tracts not identified in this document without further or specific consideration by the County. Staff has significant reservations to such broad “blanket” releases without any supporting proposals for the noted tracts, and particularly for the yet to be “designated tracts for future release” that may be changed in the future. Given these concerns, staff do not support the BLIM or Joinder as proposed.

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