REVIEW COMMENTS
'l'RACKING LUG - 811'E PLAN REV JEW ~UBMI'r1'AL
PRUJI:.C'l' 'l'l'l'LE
lJl::::ieRI f''l' IUN
'l'YPI:.
VA'l'E REC I D
OUANTUM PARK DRI
DEVELOPMENT OF REGIONAL
NEW SITE PLAN
AMOUNT
FILE Nu
DRI 96-003
IMPACT
MAJOR SITE PLAN MODIFICATION
kl::CIH PT NO
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
TWELVE (12) SETS SUBMITTED:
COLURED ELEVATIONS REC'D
(Plans shall be pre-assembled The Planning & zoning Dept will number each
sheet of their set The plannil'lg Dept set will be used to check the
remaining sets to ensure the number and type of sheets match )
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
APPLICATION & SUBMITTAL:
DATE:
ACCEPTED
DENIED
DATE:
DATE OF LET'fER TO APPLICANT IDENTIFYING SUBMISSION DEFICIENCIES
2nd SUBHIT'I'AL
ACCEPTED
DENIED
DATE
DATE
DATE UF SUBMITTAL ACCEPTANCE LETTER
REVIEWER'::; NAME
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
,
(Label TRC uepartments on each set of plans)
DATE AND MEMO NUMBER OF MEMO SENT TO TRC TO PERFORM INITIAL REVIEW
DATE BEN'l'
11/22/96
RETUkN DATE
11/27 /96
MEMu NUMBER TRC AGENDA
1st REVIEW COMMENTS RECEIVED
PLAN::; MEMO,. I DATE I "C"
'""util Y CJ~.'j~ 1~121 I~
p w y~. (;-".- I If I~
vparks ~ . I I~
lo-'Fire ~ ~;;Z I-K/.L-/~
1'olice y OJ~4 /~/-i:L
Planning
...-Building
Engineer
Engineer
forester
MEMO ,. I DA'l'E I II e"
I I_
I -, i I _)(_ 1_
qc'-Ip{).. I ~I (,/
I I_
I 1_
PLANS
'/
,
rYPE OF VARIANCE(::;)
DATE OE' MEETING
DA'l'E OF LETT~R SENT TO APPLICANT IDENTIFYING TRC REVIEW COMMENTS
(Aesthetic Review App , dates of board mtgs & checklist sent out wI commencsJ
NINETY DAY CALENDAR DATE WHEN APPLICATION BECOMES NULL AND VOID
DATE 12 COMPLETE SETS OF AMENDED PLANS SUBMITTED FOR 2nd REVIEW:
(Hust be assembled Reviewer shall accept amended plans & support documents)
COLORBO BLEVATION8 RIO I D:
MEMO SENT TO TRC TO PERFORM 2nd REVIEW.
DATE SENT: MEMO *:
RETURN DATE:
2nd REVIEW RECOMMENDATION/DENIAL
PLANS MIMO ft I DATE I"R/D" PLAN8 MEMO ft / DATB /"R/D"
Utile / / planning / I
P W / I BUilding / I
Parks I I Engineer I I
Fire I I Engineer / I
Police / / Forster I I
LETTER TO APPLICANT REGARDING TRC APPROVAL/DENIAL AND LAND DEVBLOPMBNT SIGNS
PLACED AT THB PROPSRTY PATS SENT/SIONS INSTALLED:
SCHEDULE OF BOARD MEETINGS: PAD
ce/eRA
DA'l'li: APPROVAL LE'l'TER SENT
A 'l'kAt:k.lNli ::>1-'
U III ~ mil
111\1
6 i996 \ U t
1 l
F,-., ~ ~ ~
I oi~
~i
i~Jl
PLANNING AND
ZONING DEPT.
FIRE PREVENTION MEMORANDUM NO 96-324
TO
Tambn Heyden, DIrector
Plannmg & Zorung Department
Wilham D Cavanaugh, FPO I J d Jl iY _( f
Fire Department /r.JYV ~~~r '---
December 6, 1996
FROM.
DATE
SUBJECT
DR! 96-003
ESP for BGI
Quantum Cir & Gateway Blvd.
We have no objections to thIs change.
cc Deputy ChIef Ness
FPO II Campbell
File
::J...:::tJ .::. .::.or-I'I
r- KWI 1-""'-.[:, VVUK I H UKA 1 r.JA.Li!:. ~b 1 4~~ ~b!::::i4
~'"
ill ~ I ~ ~ : J~~u ~ 00
LAKE WORTH DRAINAGE DISTRICT
\-..I'J-..._,.A'-^__~~~...J'-../'....-,,"'~J
Decembc
3 1996 PLANNING AND
ZONING DEPT.
13081 MILITARV TRAIL
OElRA Y BEACH, FLORIDA 33464
Tambri J Heyden, AICP
Direcror Planmng and Zoning
City of Boynton Beach
POBox 310
BO)'ntOil Beach, FL 33425-0310
Dear Ms. Heyden.
Subject-
TechnicAl Review Committee Agenda
C) 1
B~ (III Superv\s0l!l
C. :5Q."18y Yll9aVet
lCMnIt 06lI
John I. WhIrM:lrth m
5eetelalytWarl9'
WIlliam G. W1ntel$
A.uia.ta.'" M-Nlator
Flldl..-c S. Wha(llihan
A!lomtt
~rty i\ &hone P.A.
The Lake Worth Drainage DIStrIct offers the following comments regardIng tht:- items on
the Noyember 25, 1996 meetllllt agenda.
Orchard Landing - Not In the L WDD Sen1.ce Area.
2. Quantum Park. PID - Right-of.wav has been secured. A dramage reVIew v,,;l1 be
requm:~d before commencement of construction.
3 DIscount Auto Parts. Drainage p~rmjt In process of being issued.
4 Hills at Lake Eden pun. Require drainage and location map before commentlllg.
5 Seacre,t Scrub Natural Aren - Require drainage and location map before
commenting.
As ah\'ays. we thank you ft1r being given the opportlmity to comment.
Sincere! y,
c:.-
INAGE DISTRICT
P A?vlhnib
c Ronald L. Crone, P.E P.LS., AS$lstcmt Manager, LWDD
ShauglUl J Webb, ChiefInspector, L 1iVDD
De/ray hen 8< Boca RaWn ~~
flo'I"1IQn OeaCh It Weal PlIIm BelIch 7SN183S FAX (4m 495-9094
MEMORANDUM
UtIlItIes # 96-388
FROM
TambrI Heyden.
Planmng & zomnjtre tor /
John A. GUIdry, . ~
DIrector of UtIhtIes D
TO
Date
November 27, 1996
SUBJECT
Quantum Park PID,
Master Plan Modification, First Review
Staff has revIewed the above referenced proJect and offer the followmg comments
UtIhtIes has no comment
It IS our recommendatIOn that the plan proceed through the reVIew process.
If you have any questIOns regardmg thIS subJect, please contact SkIp MIlor at 375-6407 or
Peter Mazzella at 375-6404
sm/Quantum3
xc Clyde "SkIp" Milor
Peter Mazzella
FIle
DEC- 2-96 MON 15 06
TO-
Tam bri Heyden.
Plannmg & Zonin
FROM.
John A. Guidry,
Director of UtilitIes
Date
November 27. 1996
MEMORANDUM
utilIties # 96-388
oo~
SUBJECT
Quantum Park PID.
Ma~ter Pllln Modification, First Review
Staffhas reviewed the above referenced project and offer the follo\\ing comments:
UtilitIes has no comment
It is our recommendation that the plan proceed through the reVIew process.
DEe
P 02
mowm
rn
29)6
PLANNING AND
ZONING DEPT.
If you have any question~ regarding this subject, plefi:3e contact Skip Milor at 375-6407 or
Peter Mazzella at 375-6404
3m/Quantum3
xc Clyde "Skip" Milor
IJeter Mazzella
FlIe
rrQr~ @ ~ u w ~1f0!
WI NOV ~ 6 1996 J ~
PLANNING AND
ZONING DEPI
DEPARTMENT OF DEVELOPMENT
MEMORA..~UM NO 96-122
TO'
Tambn J Heyden, P1annmg & Zoning DIrector
~Hukil~ P.E., DIrector of Development
November 26,1996
FROM.
DATE.
RE.
QUANTUM PARK PID - BGI INDUSTRIES LAND USE CHANGE
We have no obJectIon to the reclassIficatIon of the lots WhICh will be occupIed by BGI but suggest
that zonmg revert to ItS' present classIficatIon If BGI has not apphed for and receIved buildmg
permIts by December 31, 1999 Any other changes mcluded on the November 7 master plan
drawmg were not revIewed and should not be consIdered by the COmmISSIon.
WVH/ck
xc: Anthony Occhmzzo, Bldg. PermIt AdmmIstrator
Ken Hall, Eng. Plans Check Inspector
James G Willard, Esq., Shutts & Bowen, 20 N Orange Ave, # 1000, Orlando, Fl32801
C:Ql,ANBGI
RECREATION & PARK MEMORANDUM #96-548
ill rnoornuwm rn
NOV 26~
I'lf>.NNING AND
ZONING DEPT.
RE
Tambn Heyden, Plannmg & Zomng Department
John Wildner, Parks SuperIntendent ~
Quantum Park PID - Master Plan ~Odification
TO
FROM.
DATE
November 26, 1996
The RecreatIon & Park Department has completed the reVIew of the Masterplan ModIficatIon for
the Quantum Park PID There are no recreatIon related comments at thIS tIme The proJect may
contmue through the normal reVIew process.
JW
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
rn
mmnwrn
NOV 2 11996
001
I
.
,
~
TO-
T AMBRI HEYDEN,
PLANNING & ZONING
DIRECTOR
DATE
26 NOVEMBER 96
IL
PLANNING AND
ZONING DEPT.
SUBJECT QUANTUM PARK
DEVELOPMENT OF REGIONAL IMPACT
FROM. SGT MARLON HARRIS ~FERENCES 96-0284
POLICE DEPARTMENT
ENCLOSURES
I have revIewed the above plans and have no comments.
PUBLIC WORKS DEPARTMENT
MEMORANDUM #96-262
TO
TambrI J Heyden, AICP, Plannmg & Zonmg DIrector
THRU
Carel FIsher, Deputy Pubhc Works DIrector
FROM
Larry QUInn, SamtatIOn SuperIntendent
SUBJ
Development of RegIOnal Impact - Quantum Park
DATE
November 26, 1996
The PublIc W 0 S Department has no problems WIth the above SIte
Larry Qumn
SamtatIOn SuperIntendent
LQ/cr
W ~@rnn\V1rn rn
NOV 21-
PLANNING AND
ZONING DEPT.
F.S. 1995
F.S. 1995
LAND AND WATER MANAGEMENT
Ch.380
outed must be
gate impacts rea-
jevelopment.
public tacility by
1dition of a devel-
reasonably attrib-
is not subject to
]otiation tor selec
;ional tor any part
; required by the
elopment order
I government shall
~r condition tor a
.equirement that a
3.cquisition or con-
:ilities or portions
,as enacted a local
~Iopment not sub-
roportionate share
ties necessary to
I rational nexus to
need to construct
3tem of public tacil-
e to the proposed
or constructive notice of any such lien, cloud or encum-
brance This paragraph applies only to developments
initially approved under this section after July 1 1980.
(g) If the property is annexed by another local juris-
diction, the annexing jurisdiction shall adopt a new
development order that incorporates all previous rights
and obligations specified in the prior development order
(16) CREDITS AGAINST LOCAL IMPACT FEES-
(a) If the development order requires the developer
to contribute land or a public facility or construct,
expand or pay for land acquisition or construction or
expansion of a publiC facility or portion thereof and the
developer is also subject by local ordinance to impact
fees or exactions to meet the same needs, the local gov-
ernment shall establish and implement a procedure that
credits a development order exaction or fee toward an
impact fee or exaction imposed by local ordinance for
the same need; however if the Florida Land and Water
Adjudicatory Commission imposes any additional
requirement, the local government shall not be required
to grant a credit toward the local exaction or impact fee
unless the local government determines that such
required contribution payment, or construction meets
the same need that the local exaction or impact fee
would address. The nongovernmental developer need
not be required by virtue of this credit, to competitively
bid or negotiate any part ot the construction or design
of the facility unless otherwise requested by the local
government.
(b) If the local government imposes or increases an
impact fee or exaction by local ordinance after a devel-
opment order has been issued the developer may peti-
tion the local government, and the local government
shall modify the affected provisions of the development
order to give the developer credit for any contribution of
land for a public facility or construction, expansion or
contribution of funds for land acquisition or construction
or expansion of a public facility or a portion thereof
required by the development order toward an impact fee
or exaction for the same need.
(c) The local government and the developer may
enter into capital contribution front-ending agreements
as part of a development-of-regional-impact develop-
ment order to reimburse the developer or the develop-
er s successor for voluntary contributions paid in
excess of his or her fair share.
(d) This subsection does not apply to internal, on site
facilities required by local regulations or to any offsite
facilities to the extent such facilities are necessary to
provide safe and adequate services to the development
(17) LOCAL MONITORING.-The local government
Issuing the development order is primarily responSible
for monitoring the development and enforcing the provi-
sions of the development order Local governments
shall not issue any permits or approvals or provide any
extensions ot services it the developer tails to act in sub-
stantial compliance with the development order
(18) ANNUAL REPORTS -The developer shall sub-
mit an annual report on the development of regional
Impact to the local government, the regional planning
agency the state land planning agency and all affected
permit agencies on the date specified in the develop-
ment order If the annual report IS not received the
lpprove a develop-
ot make adequate
~ded to accommo-
evelopment unless
development order
~nt to provide these
~Iopment schedule
r' however a local
~ requirements of
Iraph shall not pre-
1t order where ade-
Jloper for the public
the impacts of the
)r lands contributed
esignated and used
y attributable to the
ity Affairs and other
.d in the administra-
shall cooperate and
nt in preparing and
er contribution ordl-
evelopment order or
n adopted develop-
( the developer In
e clerk ot the circuit
[he development is
legal description of
md shall state which
d the development
te ot adoption of any
order the location
3.mendments may be
ent order constitutes
plicable to the prop-
3hall not constitute a
al property or actual
regional planning agency or the state land planning
agency shall notify the local government. If the local gov-
ernment does not receive the annual report or receives
notification that the regional planning agency or the
state land planning agency has not received the report.
the local government shall request in writing that the
developer submit the report withm 30 days. The failure
to submit the report after 30 days shall result in the tem-
porary suspension of the development order by the local
government.
(19) SUBSTANTIAL DEVIATIONS-
(a) Any proposed change to a previously approved
development which creates a reasonable likelihood of
additional regional impact or any type of regional
impact created by the change not previously reviewed
by the regional planning agency shall constitute a sub-
stantial deviation and shall cause the development to be
subject to further development-of-regional-impact
review
(b) Any proposed change to a previously approved
development of regional impact or development order
condition which, either individually or cumulatively with
other changes exceeds any of the following criteria shall
constitute a substantial deviation and shall cause the
development to be subject to turther development-ot-
regional-impact review without the necessity tor a find-
ing ot same by the local government:
1 An increase in the number of parking spaces at
an attraction or recreational facility by 5 percent or 300
spaces, whichever is greater or an increase in the num-
ber of spectators that may be accommodated at such
a facility by 5 percent or 1,000 spectators whichever is
greater
2. A new runway a new terminal facility a 25-
percent lengthening of an existing runway or a 25-
percent increase In the number of gates of an existing
terminal, but only if the increase adds at least three addi-
tional gates. However if an airport is located in two
counties, a 10-percent lengthening of an existing run-
way or a 20-percent increase in the number of gates of
an existing terminal is the applicable criteria.
3. An increase in the number of hospital beds by 5
percent or 60 beds, whichever is greater
C!) An increase in industrial development area by 5
percent or 32 acres, whichever is greater
5 An increase in the average annual acreage
mined by 5 percent or 10 acres, whichever is greater or
an increase in the average daily water consumption by
a mining operation by 5 percent or 300.000 gallons,
whichever is greater An increase in the size of the mine
by 5 percent or 750 acres, whichever is less.
6 An increase in land area for office development
by 5 percent or 6 acres, whichever is greater or an
increase of gross floor area of office development by 5
percent or 60 000 gross square feet whichever is
greater
7 An increase in the storage capaCity for chemical
or petroleum storage tacilities by 5 percent, 20.000 bar
rels, or 7 million pounds, whichever is greater
8. An increase of development at a waterport ot wet
storage for 20 watercratt, dry storage for 30 watercraft,
or wet/dry storage for 60 watercratt in an area identitied
in the state marina siting plan as an appropriate site for
1621
Ch.380
LAND AND WATER MANAGEMENT
F.S. 1995
--
additional waterport development or a 5-percent
increase in watercraft storage capacity whichever is
greater
9 An increase in the number of dwelling units by 5
percent or 50 dwelling units whichever is greater
10 An increase in commercial development by 6
acres of land area or by 50.000 square feet of gross floor
area. or of parking spaces provided for customers for
300 cars or a 5-percent increase of any of these which-
ever is greater
11 An increase in hotel or motel facility units by 5
percent or 75 units. whichever is greater
12. An increase in a recreational vehicle park area by
5 percent or 100 vehicle spaces whichever is less
13 A decrease in the area set aside for open space
of 5 percent or 20 acres whichever is less.
14 A proposed increase to an approved multiuse
development of regional impact where the sum of the
increases of each land use as a percentage of the appli-
cable substantial deviation criteria is equal to or
exceeds 100 percent. The percentage of any decrease
in the amount of open space shall be treated as an
increase for purposes of determining when 100 percent
has been reached or exceeded
15 A 15-percent increase in the number of external
vehicle trips generated by the development above that
which was projected during the original development-
of-regional-impact review
16 Any change which would result in development
of any area which was specifically set aside in the appli-
cation for development approval or in the development
order for preservation or special protection of endan-
gered or threatened plants or animals designated as
endangered threatened or species of special concern
and their habitat primary dunes. or archaeological and
historical sites designated as significant by the Division
of Historical Resources of the Department of State The
further refinement of such areas by survey shall be con-
sidered under sub-subparagraph (e)5.b
(c) An extension of the date of buildout of a develop-
ment or any phase thereof by 7 or more years shall be
presumed to create a substantial deviation subject to
further development-of-regional-impact review An
extension of the date of buildout, or any phase thereof
of 5 years or more but less than 7 years shall be pre-
sumed not to create a substantial deviation These pre-
sumptions may be rebutted by clear and convincing evi-
dence at the public hearing held by the local govern-
ment An extension of less than 5 years is not a substan-
tial deviation For the purpose of calculating when a
buildout phase or terminatIOn date has been
exceeded the time shall be tolled during the pendency
of administrative or judicial proceedings relating to
development permits Any extension of the buildout
date of a project or a phase thereof shall automatically
extend the commencement date of the project the ter
mination date of the development order the expiration
date of the development of regional impact and the
phases thereof by a like period of time
(d) A change in the plan of development of an
approved development of regional impact resulting from
requirements imposed by the Department of Environ-
mental Protection or any water management district cre-
ated by s. 373.069 or any of their successor agencies or
by any appropriate federal regulatory agency shall be
submitted to the local government pursuant to this sub.
section The change shall be presumed not to create a
substantial deviation subject to further development_
of-regional-impact review The presumption may be
rebutted by clear and convincing evidence at the pUblic
hearing held by the local government.
(e)1 A proposed change which either individually
or if there were previous changes. cumulatively with
those changes. is equal to or exceeds 40 percent of any
numerical criterion in subparagraphs (b)1 -15. but
which does not exceed such criterion shall be pre-
sumed not to create a substantial deviation subject to
further development-of-regional-impact review The
presumption may be rebutted by clear and convincin
evidence at the public hearing held by the local gover
ment pursuant to subparagraph (f)5
2. Except for a development order rendered pursu-
ant to subsection (22) or subsection (25). a proposed
change to a development order that individually or
cumulatively with any previous change is J.ess than 40
percent of any numerical criterion contained in
subparagraphs (b)1 -15. and does not exceed any other
criterion or that involves an extension of the buildout
date of a development, or any phase thereof of less
than 5 years. is not subject to the j)JJblic;JJ?aring require:_
ments of su!Jp'!f~raptlJm.. and is not subject to a
aeferriiTnaflon Pl!'"~u.anlJ.9.subpar~graph (f)5. Notice of
the proposed change shall be madefOff1e regional plan-
ning council and the state land planning agency Such
notice shall include a description of previous individual
changes made to the development. including changes
previously approved by the local government. and shall
include appropriate amendments to the development
order Ttl.efollowing changes. individually or cumula-
tively with -any. previous-changes are not substantial
deviations:
a. Changes in the name of the project. developer
owner or monitoring official
b Changes to a setback that do not affect noise
buffers environmental protection or mitigation areas. or
archaeological or historical resources.
c. Changes to minimum lot sizes.
d Changes in the configuration of internal roads
that do not affect external access points. ,
e Changes to the building design or orientatIOn
that stay approximately within the approved area deSig-
nated for such building and parking lot, and whic,h do
not affect historical buildings designated as significant
by the Division of Historical Resources of the Depart
ment of State
f Changes to increase the acreage in the develop-
ment. provided that no development is proposed on the
a~age to be added re~ ::> _
(g/ Changes to eliminate an approved land use. pro
vided that there are no additional regional impacts. t
h Changes required to conform to perml s
approved by any federal state or regional perm1ttrng
agency provided that these changes do not create
a~tional regional impacts.
~ Any other change which the state land plannln~
agency agrees in writing is similar in nature. Impact.
F.S. 19~
ssor agencies or
agency shall be
uant to this sub-
j not to create a
:r development-
Imption may be
nce at the public
,ither individually
umulatively with
m percent of any
s (b)1 -15. but
In shall be pre-
riation subject to
lact review The
r and convincing
the local govern-
rendered pursu-
(25), a proposed
It individually or
e is less than 40
,n contained in
exceed any other
n of the buildout
~ thereof of less
c hearing require-
not subject to a
lph (f)5. Notice of
the regional plan-
ing agency Such
revious individual
lcluding changes
:rnment, and shall
the development
jually or cumula-
'e not substantial
lroject, developer
::> not affect noise
litigation areas, or
,.
of internal roads
lints.
iign or orientation
::>roved area desig-
lot, and which do
3.ted as significant
;es of the Depart.
1ge in the develop-
is proposed on the
)ved land use, pro-
gional impacts.
form to permits
'egional permitting
Jes do not create
:;tate land planning
I nature impact, or
E:-S, 1995
LAND AND WATER MANAGEMENT
Ch.380
character to the changes enumerated in sub-
subparagraphs a.-h. and which does not create the like-
lihood of any additional regional impact.
This subsection does not require a development order
~ fQrany-_cha!1gellst~d 1.'l-2.!Jb-
subparagraphs a.-i. unless such issue~addressed_
emler in the eXisting. development order QLin the appli-
cation fof"j_e.y~lopment approval, but, in the case of the
-~~~t, anc!lD th~ manner in which,jhe ap~
- cation lsJ.!:!g)rpQ@tedlf!lb!L9~Vp.lormpnt order
I ~--3'-'ExcePt for the change authorized by sub-
I subparagraph 2.1 any addition of land not previously
i reviewed or any change not specified in paragraph (b)
I or paragraph (c) shall be presumed to create a substan-
tial deviation. This presumption may be rebutted by
clear and convincing evidence
4 Any submittal of a proposed change to a previ-
ously approved development shall include a description
of individual changes previously made to the develop-
ment, including changes previously approved by the
local government. The local government shall consider
the previous and current proposed changes in deciding
whether such changes cumulatively constitute a sub-
stantial deviation requiring further development-of-
regional-impact review
5 The following changes to an approved develop-
ment of regional impact shall be presumed to create a
substantial deviation. Such presumption may be rebut-
ted by clear and convincing evidence.
a. A change proposed for 15 percent or more of the
acreage to a land use not previously approved in the
development order Changes of less than 15 percent
shall be presumed not to create a substantial deviation.
b Except for the types of uses listed in
subparagraph (b)16., any change which would result in
the development of any area which was specifically set
aside in the application for development approval or in
the development order for preservation, buffers, or spe-
cial protection, including habitat for plant and animal
species, archaeological and historical sites, dunes, and
other special areas.
c. Notwithstanding any provision of paragraph (b)
to the contrary a proposed change consisting of simul-
taneous increases and decreases of at least two of the
uses within an authorized multiuse development of
regional impact which was originally approved with
three or more uses specified in s. 380.0651 (3)(c), (d), (f),
and (g) and residential use
(f)1 The state land planning agency shall establish
by rule standard forms for submittal of proposed
changes to a previously approved development of
regional impact which may require further develop-
ment-of-regional-impact review At a minimum, the
standard form shall require the developer to provide the
precise language that the developer proposes to delete
or add as an amendment to the development order
2. The developer shall submit, simultaneously to
the local government, the regional planning agency and
:he state land planning agency the request for approval
cf a proposed change
3 No sooner than 30 days but no later than 45 days
after submittal by the developer to the local govern-
ment, the state land planning agency and the appropri-
ate regional planning agency the local government shall
give 15 days notice and schedule a public hearing to
consider the change that the developer asserts does
not create a substantial deviation.
4 The appropriate regional planning agency or the
state land planning agency shall review the proposed
change and prior to the public hearing at which the pro-
posed change is to be considered shall advise the local
government in writing whether it objects to the pro.
posed change, shall specify the reasons for its objec
tion, if any and shall provide a copy to the developer
A change which is subject to the substantial deviation
criteria specified in sub-subparagraph (e)5.c. shall not
be subject to this requirement.
5. At the public hearing, the local government shall
determine whether the proposed change requires fur
ther development-of-regional-impact review The pro-
visions of paragraphs (a) and (e), the thresholds set forth
in paragraph (b), and the presumptions set forth in para-
graphs (c) and (d) and subparagraphs (e)1 and 3. shall
be applicable in determining whether further develop-
ment-of-regional-impact review is required
6. If the local government determines that the pro-
posed change does not require further development-
of-regional-impact review and is otherwise approved,
or if the proposed change is not subject to a hearing and
determination pursuant to subparagraphs 3. and 5 and
is otherwise approved the local government shall issue
an amendment to the development order incorporating
the approved change and conditions of approval relat
ing to the change. The decision of the local government
to approve, with or without conditions, or to deny the
proposed change that the developer asserts does not
require further review shall be subject to the appeal pro-
visions of s. 380.07 However the state land planning
agency may not appeal the local government decision
if it did not comply with subparagraph 4 The state land
planning agency may not appeal a change to a develop-
ment order made pursuant to subparagraph (e)2. for
developments of regional impact approved after Janu.
ary 1 1980, unless the change would result in a signifi-
cant impact to a regionally significant archaeological.
historical, or natural resource not previously identified in
the original development-of-regional-impact review
(g) If a proposed change requires further develop-
ment-of-regional-impact review pursuant to this sec
tion, the review shall be conducted subject to the follow-
ing additional conditions:
1 The development-of-regional-impact review
conducted by the appropriate regional planning agency
shall address only those issues raised by the proposed
change except as provided in subparagraph 2.
2. The regional planning agency shall consider and
the local government shall determine whether to
approve approve with conditions, or deny the proposed
change as it relates to the entire development. If the
local government determines that the proposed change
as it relates to the entire development, is unacceptable
the local government shall deny the change.
3. If the local government determines that the pro-
posed change, as it relates to the entire development,
should be approved any new conditions in the amend-
1623
Ch. 380
LAND AND WATER MANAGEMENT
F.S.1995
--
ment to the development order issued by the local gov-
ernment shall address only those issues raised by the
proposed change
4 Development within the previously approved
development of regional impact may continue as
approved during the development-of-regional-impact
review in those portions of the development which are
not affected by the proposed change
(h) When further development-of-regional-impact
review is required because a substantial deviation has
been determined or admitted by the developer the
amendment to the development order issued by the
local government shall be consistent with the require-
ments of subsection (15) and shall be subject to the
hearing and appeal provisions of s. 380.07 The state
land planning agency or the appropriate regional plan-
ning agency need not participate at the local hearing in
order to appeal a local government development order
issued pursuant to this paragraph
(20) VESTED RIGHTS -Nothing in this section shall
limit or modify the rights of any person to complete any
development that has been authorized by registration of
a subdivision pursuant to chapter 498, by recordation
pursuant to local subdivision plat law or by a building
permit or other authorization to commence development
on which there has been reliance and a change of posi-
tion and which registration or recordation was accom-
plished or which permit or authorization was issued
prior to July 1 1973. If a developer has. by his or her
actions in reliance on prior regulations, obtained vested
or other legal rights that in law would have prevented a
local government from changing those regulations in a
way adverse to the developer s interests. nothing in this
chapter authorizes any governmental agency to abridge
those rights
(a) For the purpose of determining the vesting of
rights under this subsection approval pursuant to local
subdivision plat law ordinances. or regulations of a sub-
division plat by formal vote of a county or municipal gov-
ernmental body having jurisdiction after August 1 1967
and prior to July 1 1973, is sufficient to vest all property
rights for the purposes of this subsection, and no action
in reliance on or change of position concerning such
local governmental approval is required for vesting to
take place Anyone claiming vested rights under this
paragraph must so notify the department in writing by
January 1 1986. Such notification shall include informa-
tion adequate to document the rights established by
this subsection When such notification requirements
are met, in order for the vested rights authorized pursu-
ant to this paragraph to remain valid after June 30 1990,
development of the vested plan must be commenced
prior to that date upon the property that the state land
planning agency has determined to have acquired
vested rights following the notification or in a binding let
ter of interpretation When the notification requirements
have not been met. the vested rights authorized by this
paragraph shall expire June 30 1986, unless develop-
ment commenced prior to that date
(b) For the purpose of this act. the conveyance of
or the agreement to convey property to the county
state or local government as a prerequisite to zoning
change approval shall be construed as an act of reliance
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to vest rights as determined under this subsection, pro-
vided such zoning change is actually granted by SUch
government.
(21) COMPREHENSIVE APPLICATION MASTER
PLAN DEVELOPMENT ORDER.-
(a) If a development project includes two or more
developments of regional impact, a developer may file
a comprehensive development-of-regional-impact
application.
(b) If a proposed development is planned for devel-
opment over an extended period of time the developer
may file an application for master development approval
of the project and agree to present subsequent incre-
ments of the development for preconstruction review
This agreement shall be entered into by the developer
the regional planning agency and the appropriate local
government having jurisdiction The provisions of sub-
section (9) do not apply to this subsection except that
a developer may elect to utilize the review process
established in subsection (9) for review of the incre-
ments of a master plan.
1 Prior to adoption of the master plan development
order the developer the landowner the appropriate
regional planning agency and the local government
having jurisdiction shall review the draft of the develop-
ment order to ensure that anticipated regional impacts
have been adequately addressed and that information
requirements for subsequent incremental application
review are clearly defined. The development order for a
master application shall specify the information which
must be submitted with an incremental application and
shall identify those issues which can result in the denial
of an incremental application.
2. The review of subsequent incremental applica-
tions shall be limited to that information specifically
required and those issues specifically raised by the mas-
ter development order unless substantial changes in
the conditions underlying the approval of the master
plan development order are demonstrated or the master
development order is shown to have been based on
substantially inaccurate information
(c) The state land planning agency by rule, shall
establish uniform procedures to implement this subsec
tion.
(22) DOWNTOWN DEVELOPMENT AUTHORITIES.-
(a) A downtown development authority may submit
a development-of-regional-impact application for
development approval pursuant to this section. The area
described in the application may consist of any or all of
the land over which a downtown development authonty
has the power described in s. 380.031 (5). For the pur
poses of this subsection a downtown development
authority shall be considered the developer whether or
not the development will be undertaken by the down
town development authority I.
(b) In addition to information required by the deve
opment-of-regional-impact application the application
for development approval submitted by a downtow;
development authority shall specify the total amount In
development planned for each land use. categOry the
addition to the requirements of subsection (15). I
development order shall specify the amount of devel~~
ment approved within each land use category Deve
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