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Policy 2.1.9 Subdivision

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POLICY 2.1.9 SUBDIVISION

What is a Policy 2.1.9 Subdivision?
In general, a Policy 2.1.9 Subdivision has been created by what is known as a hardship provision of the Comprehensive Plan. The provision allows someone to subdivide property or add more dwelling units at greater levels than normally allowed under the current zoning.

What information must I bring to the Department of Growth and Environmental Management to determine if I qualify for a Policy 2.1.9 Subdivision?

• You must bring your tax identification number or tax parcel number. This number is located on your property tax statement. The number is typically thirteen (13) digits.

• You must bring a copy of your recorded warranty deed. Also, bring any recorded documentation of legal access if your property is not located on a named road.

In what areas are 2.1.9 subdivisions allowed?
They are only allowable in Rural, Lake Talquin/Urban Fringe zoning districts.

Are there different types of 2.1.9 Subdivisions?
Yes, they fall into two basic categories; Family Heir and Non-family Heir.

• Family Heir - When a property owner wishes to subdivide a parcel for family members, they may convey a portion of that property to their heirs (as defined by Chapter 163.3179, F.S., grandparent, parent, stepparent, adopted parent, sibling, child, stepchild, adopted child, or grandchild of the person who conveyed the parcel to the said individual). Any parcel created through use of the non-heir provision of this policy shall not be further divided using the heir provision. No lots can be created which are less than 1/2 acre in size. Lots created under this provision must be used for homestead.

• Non-family Heir - Metes and Bounds
  This provision allows property owners with ownership prior to February 1, 1990, and who have not subdivided their property since February 1, 1990, to subdivide their property up to six residential lots (two dwelling units per acre).

• Non-family Heir - Previously Platted Unrecorded Subdivisions In previously platted unrecorded subdivisions the lot to be subdivided must be a minimum of four acres and lie outside the urban service area. The resulting subdivided parcels must be no less than two acres including existing dwelling units, up to a maximum division of five lots, and be compatible and consistent with the density of the majority of the lots within that residential subdivision.

Are there any additional requirements to qualify for a Policy 2.1.9 Subdivision?
Yes, to qualify the property owner must meet the following requirements:

• The hardship provisions of Policy 2.1.9 have not been approved or applied to any other parcel under your ownership or control.

• You must have owned the property on February 1, 1990, and continuously retained ownership since that date. (Except for heir property)

• Your property must be located in one of the following zoning districts: Rural, Urban Fringe, Lake Talquin/Urban Fringe. (Outside the urban service area)

• Must meet concurrency requirements.

• Must meet Natural Features Inventory (NFI) requirements.

If parcel is located in a previously platted unrecorded subdivision the following criteria must be met:

• Property is in fee simple ownership as of February 1, 1990

• Parcel must be at least four (4) acres;

• Lies outside the Urban Service Area (USA);

• Lies in the Urban Fringe, Rural or Lake Talquin Recreation/Urban Fringe zoning areas (whether or not the property lies in residential preservation overlay);

• Maximum density of one (1) dwelling unit per two (2) acres including existing dwelling units but no more than five (5) slots;

• Resulting parcels are compatible and consistent with the density of the majority of lots within that residential subdivision, and provided resulting parcels meet concurrency requirements.

• Must meet Natural Features Inventory (NFI) requirements.

Do I need to hire a lawyer to subdivide my land using Policy 2.1.9?
No. However, legal descriptions and a boundary survey showing the proposed lots is required. Also, the boundary survey will need to include the location of the 100 year floodplain. This can be determined by a surveyor or engineer.

How many times can Policy 2.1.9 be used?
An individual can use Policy 2.1.9 only on one (1) parcel of land in Leon County.

Do I need to subdivide all the lots at one time? How many lots can I create?
No. Lots not in previously platted subdivisions can be subdivided from the original parcel over time up to the maximum of six (6) one half acre minimum lots. Lots in previously platted unrecorded subdivisions can subdivided up to five (5) two acre minimum lots from the original lot. However, an application fee of $500 plus concurrency fee are charged each time a property owner makes application for a Policy 2.1.9.

Can I sell or give away lots created under Policy 2.1.9?
Property subdivided using the Family Heir policy cannot be sold. It is to be homesteaded by the heirs. The other hardship Policy 2.1.9. can sell or give the land away to anyone.

What is the minimum acreage required to use Policy 2.1.9? Maximum size?
The minimum acreage required is one (1) acre for metes and bounds property with no maximum property size. In previously platted unrecorded subdivisions, the minimum lot size is four (4) acres.

What information will I need to submit for a Policy 2.1.9 Subdivision?

1. Tax parcel identification number.
2. Copy of recorded warranty deed.
3. Six (6) copies of a boundary survey drawn to scale showing the proposed subdivision and legal access (please include lot numbers).
4. Copy of Parcel Identification Map on which property to be subdivided is located. (Development Services can supply this).
5. If the property is located on a road which is not identified on the parcel identification map, documentation of legal access* must be provided. Documentation may include a copy of the recorded transfer of an access easement to the owner or recorded fee simple ownership

Legal Access: This is your right to enter and exit your property to a public or private street. These rights are confirmed by deed or easements recorded in the public records. If you cannot prove this right, you must obtain and record the proper documents before your permit can be approved.

6. An application fee of (see fee schedule) payable to Leon County.

7. An affidavit acknowledging ownership or agent authorization. (Copies of the affidavit are available from the Development Services Division).

8. A completed application for a concurrency determination. (A copy of the application is included with the Policy 2.1.9 Subdivision application).

9. Natural Features Inventory Policy 2.1.9 (NFI-219) application may be obtained from Development Services Division or Environmental Compliance Division. No fee is assessed for the NFI-219 when submitted; however if environmentally sensitive features are found to exist on the site, the Environmental Compliance Division will contact the applicant and inform the applicant that a Standard NFI be completed by a qualified professional. (Please see fee schedule) payable to Leon County.

What type of permits are required for Policy 2.1.9 Subdivision?
Typically, a stormwater permit will not be required unless the applicant intends to pave the access road associated with the subdivision. Generally, a combination permit (which includes the short form environmental permit and building construction permit) will be required for each dwelling unit.

If you have questions, please let us know. The Department of Growth and Environmental Management , Development Services Division, is located at 435 N. Macomb Street, 2nd Floor, Tallahassee, FL 32301. The telephone number is (850) 606-1300. Our office hours are Monday, Tuesday, Thursday, and Friday--8:00 a.m. through 5:00 p.m. Wednesday hours are 9:30 a.m. through 5:00 p.m.