Okaloosa County BOCC — June 7, 2016 — A - 1A.03.12 DRI Review — reading text

EXHIBIT A 1A.03.12 Development of Regional Impact. 1. Definition. A Development of Regional Impact (DRI), as defined at Section 380.06, Fla. Stat., means any development which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county. 2. Review Process and Procedure. All DRI development order applications, including applications for amendments to previously approved DRI development orders, shall be reviewed as specified herein. 3. DRI Review. DRI applications will be reviewed in accordance with Section 380.06, Fla. Stat. and Rule 73C-40, Fla. Admin. Code. 4. DRI Amendment Review. Review of amendments to previously approved DRI development orders, including any proposed redevelopment, shall be as follows. a. Applications shall be on forms provided by the Department of Growth Management. b. Each application shall be accompanied by a notification letter describing the proposed change or a Notice of Proposed Change Form (DEO-BCP-PROPCHANGE-1), if required, which shall be sent to the State Land Planning Agency and the West Florida Regional Planning Council for determinations of additional regional impact and substantial deviation from the approved development order. c. A complete application shall include the following. i. The notification letter or NOPC described in b above. ii. A statement, along with supporting documentation as to why the amendment is consistent with the Comprehensive Plan as specified in Administration Element, Policy 1.7, including a compatibility analysis and determination. iii. A statement, along with with supporting documentation as to how the amendment is consistent with the Land Development Code (LDC). This shall include verification of compliance with the following LDC requirements, when applicable. 1) Chapter 2, Zoning Regulations. 2) Section 6.01.00, Subdivisions. 3) Section 6.03.00, Roads. 4) Section 6.04.00, Parking Requirements. 5) Section 6.05.00, Landscaping. 6) Section 6.06.00, Stormwater Management. 7) Section 6.07.00, Recreation Facilities. 8) Other requirements as may be specific to the requested amendment. iv. A statement, along with supporting documentation as to why the amendment is consistent with the State Comprehensive Plan. v. A statement that the proposed change does not interfere with the objectives of an applicable state land development plan. vi. A traffic impact analysis/report prepared by a professional engineer. vii. Verification from utility providers that adequate capacity is available (water, sewer, electric). viii. As an alternative to iii, above, if an applicant is seeking an amendment to allow a specific plan of development, the applicant may choose to submit a development order application consistent with Section 1A.03.00, LDC. 5. Phased or Common Plan of Development. The following shall apply to amendments to a previously approved DRI development order. a. “Common plan of development or sale” or “larger plan of other commercial or residential development” or “phased development” means any activity that facilitates the advancement of land use (such as multiple residences, a residential subdivision, or phased site development) on the subject property, or that comprises a total land area divided into multiple lots, parcels, tracts, tiers, blocks, sites, or units, if such areas are under common ownership or control. This includes any activity on contiguous real property that comprises a total land area divided into parcels, tracts, tiers, blocks, sites, or units, and is served by a common road or road network or common stormwater management systems within that land area. Areas of land that are divided by public or private roads are considered contiguous if such areas are under common ownership or control. b. For proposed development as described in a, above,the applicant must provide an overall "phased development plan" which shows how each phase of the project will be developed relative to every other phase. At a minimum, this plan must depict the following. i. The boundary delineation of each phase and sequential numbers for each phase showing the order in which the overall project will be developed. ii. A site data table describing the development in each phase and the cumulative total of development in all the phases as it relates to density, intensity, lot sizes, or square footage. iii. The planned road, street, and stormwater management layout. iv. A Development Order (DO) may be issued for an overall phased development plan on its own or for a plan which includes one or more phases. c. Each phase of a Phased Development may receive a separate DO, or one or more phases may be submitted simultaneously and approved under the same DO. A separate final plat may be approved for each phase if platting is applicable. d. Each phase must be functional with regard to roads and streets, drainage/stormwater, water and sewer lines, fire flow, and other required infrastructure. e. A copy of the overall "phased development plan" must be submitted with each application for development order review for each phase of the project. The phase under review must be substantially consistent with said overall plan. "Substantially consistent" means that the type of use has not changed, the density or intensity has not changed, and the road and street layout has not changed. 6. Public Hearings. Public hearings shall be as specified in Subsection 1.11.11, LDC. 7. Disposition of DRI Amendments. The Board of County Commissioners shall approve, approve with conditions, or deny an application for amendment to a previously approved DRI as follows. a. If the Board determines that the proposed change represents a substantial deviation that requires further development of regional impact review said review and approval shall be as specified in Section 380.06, Fla. Stat. and Rule 73C-40, Fla. Admin. Code. b. If the Board determines that the proposed change does not require further development of regional impact review and is otherwise approved the County shall issue an amendment to the development order incorporating the approved change and conditions of approval relating to the change (ss. 380.06(19)(f)6). This approval is to amend the DRI development order only, any specific development project resulting from this approval shall be subject to the development review and approval process as specified in the LDC. c. The Board may deny the proposed change based on matters relating to local issues, such as if the land on which the change is sought is plat restricted in a way that would be incompatible with the proposed change, and the County does not wish to change the plat restriction as part of the proposed change (ss. 380.06(19)(f)5). If the application is denied the reasons for denial must be specified, as well as changes in the development proposal, if any, that would make it eligible to receive development approval. d. In cases where the applicant chooses to submit both a DRI amendment application and a development order application at the same time the reviews may be conducted concurrently, and the DRI amendment resolution and development order may be approved concurrently. A development order for a specific plan of development approved in this manner shall not be subject to the Development Order Hearing process specified in Subsection 1.11.08, LDC.