Policy 2.1.9 Subdivisions Recently Adopted Amendments June 23, 2009 Miccosukee Community Center Open House.

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Presentation transcript:

Policy Subdivisions Recently Adopted Amendments June 23, 2009 Miccosukee 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 was created circa 1990 Policy 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 subdivisions –Non-Family Heir –Family Heir

Policy Summary of Changes Non-Family Heir sunsets February 1, 2010 Family Heir 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 on the original intent…provide the ability to transfer new parcels of “family property” to heirs

Policy Subdivision Two 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 Criteria FAMILY 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 Summary 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 in which the subject family property can be later subdivided again with Family Heir b.Can only use one or the other

Policy Summary 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 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, 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

Policy Summary of Eligibility Requirements (Cont’d) 5.Parcels within a recorded, platted subdivision may not be subdivided utilizing either provision of Policy Example of a Recorded Plat: Cape Talquin Recorded Subdivision, Plat Book 10, Page 55

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

Policy 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 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 Additional Dwelling Without Subdivision The Family Heir and Non-Family Heir Policy 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 Education and Outreach Created website: Direct mail notices to potentially affected property owners Open Houses – Fort Braden, Woodville, Growth and Environmental Management Department and Miccosukee

Policy Open Houses GEM Open House Downtown June 10, 2009 Target Notice Areas

Thank You