SUBJECT:
Title
Request Approval of Waiver Request for Land Development Code 2.16.1.B(10) - Family Division of Parcel 50099-009-00 into Two Tracts, Application Number: Fam Div 000766-2026
Body
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INITIATOR: |
DEPARTMENT: |
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Ken McCann, Fire Marshal |
Development Review Committee |
DESCRIPTION/BACKGROUND:
LDC 2.16.1.B(10) - Family Division
This is a request seeking approval of a family division of Parcel No. 50099-009-00 consisting of 3.10 acres representing Tract 9 of the Happy Valley II unrecorded unregistered metes and bounds “flag-lot” subdivision. The CODE states, “A parcel of record as of January 1, 1992 that is not located in a recognized subdivision or an Ag Lot Split, and is located in the Rural Lands may be subdivided for use of immediate family members for their primary residences. Within the Farmland Preservation Area, each of the new tracts and the remaining parent tract must be at least three acres in size. Within the Rural Lands. Outside of the Farmland Preservation Area each of the new tracts and the remaining parent tract must be at least one acre in size. In the Urban Area, only parcels of record as of January 1, 1992 which are Low Residential property exceeding two acres in size may be divided for the use of immediate family members for their primary residences up to the maximum density of one dwelling unit per gross acre. Immediate family is defined as grandparent, parent, stepparent, adopted parent, sibling, child, stepchild, adopted child, or grandchild. A parcel of record shall not be divided more than three times as a family division. Minimum access onto a road or street shall be shared access that is at least 40 feet in width and shall be provided by recorded deed or by recorded non-exclusive easement. No subdivision and conveyance to the same family member more than once shall be permitted. No new parcel created by way of family division may be sold or offered for sale within five years of the date of recording the deed transferring ownership of the new parcel to the immediate family member, except in the event of such immediate family member's death. During the five-year holding period, the immediate family member receiving the resulting family division parcel may convey ownership and interest in that resulting family division parcel to their spouse, as tenants in common with rights of survivorship, consistent with the Laws of Florida. Any subdividing of a parcel of record for the purpose of family division shall follow the waiver request process pursuant to Article 2, Division 10 of the Code.”
The Applicant requests a waiver to complete one family division resulting in two (2) parcels. Parcel 1 for himself, and Parcel 2 for his sister. As part of the family division waiver, they are also requesting a waiver for the minimum road frontage requirement of 40 feet as the “flag lot” property currently possesses only 20 feet of frontage on SE 180th St. The owner proposes to satisfy the minimum access requirements by recording a 20 foot wide access easement over the “flag” followed by a 40 foot wide access easement on the main body of the site as shown in their aerial sketch (Attachment C, page 7).
Staff’s concern with this family division is that since this is the first tract to be divided for this unrecorded unregistered, metes and bounds “flag-lot” subdivision (Happy Valley II), and since each of the 15 “flag-lot” tracts have their own driveway (with no easements showing shared access across the flag lots), this division opens the door for each of the other tracts to do similar divisions, leading to a potential proliferation of unshared driveways to an unpaved non-county maintained road (SE 180th St.) that may be subject to maintenance by Lake County. (SE 180th St. is on the county line.)
Moreover, if this family division is approved, a second family division could be pursued, resulting in three total parcels with each being 1+ acres, all of which would be eligible for a primary residence and an accessory single-family cottage/apartment for a total six (6) potential dwelling units on the single 3+ acre tract as it exists today.
Further, the other tracts within the subdivision may then pursue similar divisions, resulting in up to 45 parcels, with each eligible for a primary residence and accessory single-family cottage/apartment, for a total of 90 potential dwelling units that are then accessing an unpaved roadway. This results in a general density of 45 parcels on 45 acres for a density of one dwelling per acre, and including accessory residences, would be a functional density of two dwellings per acre that is ordinarily a density equivalent to Marion County’s Medium Residential future land use designation.
The Development Review Committee heard the waiver request at the June 29, 2026, meeting and voted to deny the request without support based upon staff identified concerns and this being the first family division request within the Happy Valley II Subdivision that currently consists solely of three plus acre tracts as originally established. The applicant is now appealing the DRC’s denial and requesting approval of the family division waiver as proposed by the applicant.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Motion to deny family division request.
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