Policy 2.1.9 SubdivisionsRecently Adopted Amendments

June 23, 2009Miccosukee Community Center Open House

What is Policy 2.1.9?• In 1990, Comprehensive Plan reduced the ability to

obtain higher densities in outlying areas

• To moderate this impact, Comprehensive Plan Policy 2.1.9 was created circa 1990

• Policy 2.1.9 generally provides property owners, who qualify, the ability to create subdivisions with smaller lots (with limitations) regardless of the new zoning district limitations set forth by the Comp. Plan

• Two types of 2.1.9 subdivisions – Non-Family Heir 2.1.9 – Family Heir 2.1.9.

Policy 2.1.9 Summary of Changes

• Non-Family Heir 2.1.9 sunsets February 1, 2010

• Family Heir 2.1.9 subdivision will remain in effect

• The ability to create and pass property on to eligible family members will remain in place

• Family Heir – 2-year ownership requirement

• Refocus 2.1.9 on the original intent…provide the ability to transfer new parcels of “family property” to heirs

Policy 2.1.9 SubdivisionTwo Types

1.Family Heir: As always, newly created parcels of land can continue to be created and conveyed to eligible family members. New amendment allows transfer to anyone outside the family after two years of date of approval(Will continue to be available)

2.Non-Family Heir: Parcels created for sale on open market(No longer available effective February 1, 2010)

Individual Eligibility CriteriaFAMILY HEIR• For creation of lots* for

family members• Cannot use if property

owner utilized the non-family heir

• Family Property prior to 1990,or remained in same configuration since before 1990

• Must be located outside the Urban Services Area

NON-FAMILY HEIR• Can only use one time• Cannot use if property

owner utilized the family heir

• Owned and held fee-simple title Pre-1990

• Must be located outside the Urban Services Area in the Rural, Urban Fringe or Lake Talquin Recreation Urban Fringe Zoning Districts

• Maximum of up to 6, one-half acre lots*

* One-half acre minimum (buildable area)

Policy 2.1.9Summary of Eligibility Requirements

1. The applicant shall not have previously utilized the Policy 2.1.9;

a. Except where a family has previously been approved for a Family Heir 2.1.9 in which the subject family property can be later subdivided again with Family Heir 2.1.9

b. Can only use one or the other

Policy 2.1.9Summary of Eligibility Requirements (Cont’d)

2. Location Requirements:a) Family Heir

Outside the Urban Services Area

b) Non-Family Heir Outside the USA in the Rural, Urban Fringe or

Lake Talquin Recreation Urban Fringe zoning districts (Includes RP overlay of the above districts where outside the USA)

Policy 2.1.9 Summary of Eligibility Requirements (Cont’d)

3. For the Non-Family Heir 2.1.9, the property owner must have owned and held the property since February 1, 1990

4. For the Family Heir 2.1.9, the property existed in its present configuration since February 1, 1990; or, was created after Feb 1, 1990 pursuant to F.H. 2.1.9

Policy 2.1.9 Summary of Eligibility Requirements (Cont’d)

5. Parcels within a recorded, platted subdivision may not be subdivided utilizing either provision of Policy 2.1.9 Example of a Recorded Plat:

Cape Talquin Recorded Subdivision, Plat Book 10, Page 55

Policy 2.1.9 Summary of Eligibility Requirements (Cont’d)

6. Lots proposed under this Policy must be a minimum of one-half acre (minimum buildable area);

7. A maximum of six lots may be created when utilizing the Non-family Heir Policy 2.1.9

8. The number of lots that may be created with the Family Heir 2.1.9 Policy is equal or less than the number of eligible heirs, plus the original family homestead member

Policy 2.1.9 Summary of Eligibility Requirements (Cont’d)

9. Either are permissible in “unrecorded” subdivisions, provided the resulting parcels are no smaller than the smallest existing lot in the subdivision, established in accordance with applicable regulations and ordinances of the Leon County Land Development Code;

10. The application must be consistent with the Comprehensive Plan; and

Policy 2.1.9 Summary of Eligibility Requirements (Cont’d)

11. The application must meet applicable codes including, but not limited to: environmental protection, access, zoning district development standards (i.e. setbacks), and concurrency management system requirements (i.e. roadway, school capacity, etc.).

Policy 2.1.9 - Additional Dwelling Without Subdivision

The Family Heir and Non-Family Heir Policy 2.1.9 provisions can be utilized without subdivision of property, provided sufficient acreage is available to place the additional dwelling unit(s) on the property via an Affidavit for Additional Dwelling Unit

This option, if eligible, is less expensive and time consuming, because subdivision of the property is not required

Policy 2.1.9 Education and Outreach

• Created 2.1.9 website: http://www.leonpermits.org/Permits/siteplan/2.1.9/

• Direct mail notices to potentially affected property owners

• Open Houses – Fort Braden, Woodville, Growth and Environmental Management Department and Miccosukee

Policy 2.1.9 Open Houses

GEM Open House

DowntownJune 10, 2009

Target Notice Areas

Thank You