§ 3-9-10.1. Development of regional impact (DRI) development order (DO) amendment process and procedure.

(a)

Intent. The development of regional impact (DRI) as defined by F.S. section 380.06 may, from time to time, be amended as provided in this Section and requirements set forth in F.S. section 380.06. The county has the following DRIs:

(1)

Babcock Ranch Community DRI;

(2)

Deep Creek Gardens;

(3)

Harborview DRI;

(4)

Murdock Center DRI;

(5)

Riverwood DRI;

(6)

Sandhill DRI;

(7)

Tern Bay DRI;

(8)

Victoria DRI.

(b)

Initiation of proposals for amendments. An amendment to DRI development order (DO) may be proposed by a property owner within such DRI or an applicant with the property owner's authorization.

(c)

Written petition. Applications for an amendment to an approved DRI DO shall be obtained from and filed with the appropriate county department and shall be accompanied by the applicable fee to be established by resolution of the BCC. No application for such amendment shall be heard by the P&Z board until such fees and charges have been paid by the applicant or waived by the BCC. The department director or his/her designee shall review the application for sufficiency and completeness. If additional information is required, the department director or his/her designee shall advise the applicant within ten (10) working days after receipt of the application. Upon finding the application to be correct and complete, it shall be scheduled for a public hearing before the P&Z board at the next available meeting. The department director or his/her designee shall also review the application for consistency with the comprehensive plan and the requirements set forth in F.S. section 380.06. Should any conflict exist as a result of the consistency review, the applicant shall be advised of such at least five (5) days prior to the P&Z board meeting at which the application is scheduled to be heard. At a minimum, applications for such amendment shall include the following:

(1)

A certified survey and a legal description of the DRI boundary, including the size of the parcel involved.

(2)

A narrative stating the applicant's justification for the amendment request based upon the standards for approval of such request set forth in subsection (e).

(d)

Notification. Notification shall be complied with the requirements set forth in section 3-9-10, amendments.

(e)

Standards for approval.

(1)

For those changes that have the effect of reducing the originally approved height, density or intensity of development, such change must be reviewed based on the standards of the comprehensive plan in effect when the DRI was approved; all other proposed changes must be consistent with the comprehensive plan; and

(2)

Whether the proposed change is consistent with requirements set forth in F.S. section 380.06, as maybe amended.

(f)

Board of county commissioners (BCC) action on P&Z board recommendations. Upon receipt of the P&Z board recommendations, the BCC shall hold a second public hearing with notice to be given as required by law (F.S. section 360.08) and by subsections (d) and (e) above. The BCC shall approve, with or without conditions, or deny the proposed change in accordance with F.S. section 360.80.

(g)

Notice of decision . Written notice of decision shall be sent to the applicant and a copy shall be placed on file with the county within ten (10) business days of a decision being rendered, where it shall be available for public inspection during regular office hours. A copy of the ordinance adopting the change shall be sent to the applicant after the ordinance is recorded by the county clerk.

(h)

Withdrawal of application. An applicant or legally appointed representative may request the withdrawal of a previously submitted application at any time and such request must be complied with the requirements set forth in section 3-9-10, amendments.

(i)

Postponement of scheduled public hearings by applicant(s). An applicant may request postponement of a scheduled public hearing to any one (1) of the next four (4) scheduled public meeting dates of the presiding Board provided that such date is available and such request must be complied with the requirements set forth in section 3-9-10, amendments.

(Ord. No. 2018-049, § 1(Exh. A), 12-11-18; Ord. No. 2018-050, § 1(Exh. A), 12-11-18)