§ 342. Amendments to Official Zoning Atlas.

342.1.   Purpose.

The Official Zoning Atlas may be amended from time to time in accordance with the procedures and standards set forth in this section. The purpose of this section is not to relieve particular hardships or to confer special privileges or rights on any person, but to allow adjustments to the Official Zoning Atlas that are necessary to:

A.

Accommodate changed conditions or changes in public policy;

B.

Implement the Comprehensive Plan;

C.

Create a new zoning district; or

D.

Advance the general welfare of the County.

342.2.   Review Procedures.

The following procedures shall apply to all applications for amendment to the Official Zoning Atlas:

A.

Applicant. An amendment to the Official Zoning Atlas may be initiated by:

1.

A motion of the Board expressing its intent to consider amending the Official Zoning Atlas;

2.

A person owning the property that is subject to the proposed amendment; or

3.

Owners of fifty (50) percent or more of a parcel of land that is subject to the proposed amendment.

B.

Pre-Application Meeting. The applicant is strongly encouraged, but not required, to attend a pre-application meeting as provided in Section 312.2.

C.

Application Submittal. All applications for amendments to the Official Zoning Atlas shall be prepared and submitted pursuant to Section 312.3. The Department Director shall prepare and file the applications initiated by the Board unless another County department is so directed.

In addition to the information required in Section 312.3, the following shall be submitted with each application:

1.

Completed disclosure forms listing the individuals who have a material interest in the approval of the application. The completed disclosure forms shall be included in the materials distributed to the Planning Commission and the Board for all Official Zoning Atlas amendment requests. Completed disclosure forms shall not be required for County initiated Official Zoning Atlas amendments, or for applications filed by governmental entities for the rezoning of property for the purpose of developing public facilities.

2.

Applications for rezoning to Planned Development shall be accompanied by:

a.

A General Development Plan; or

b.

A preliminary site plan (as required by the Department Director).

c.

If no site plan is submitted, review shall be per Section 342.4.A below.

D.

Department Director and Development Review Committee Review. The Director and DRC shall review the application.

E.

Planning Commission Review. Public hearings shall be conducted in accordance with the general procedures and requirements of this Chapter.

F.

Board of County Commissioners Review. At the hearing, the Board may:

1.

Determine that the proposed amendment is consistent with the Comprehensive Plan and promotes the public health, safety and welfare, and adopt the proposed amendment as proposed, or with such modifications as are necessary to assure consistency with the Comprehensive Plan and to promote public health, safety and welfare;

2.

Refer the matter back to the Planning Commission for further consideration; or

3.

Determine that the proposed amendment is not consistent with the Comprehensive Plan or does not promote the public health, safety or welfare, and deny the proposed amendment.

(Ord. No. 16-24 , § 3(Exh. A-3), 11-15-16)

342.3.   Review Criteria for Zoning Map Amendments.

In deciding whether to recommend adoption of, or to adopt, a proposed amendment, the Department Director, Planning Commission or the Board, as the case may be, shall consider whether the proposed amendment is consistent with this Code and the Comprehensive Plan. In determining such consistency, the following factors shall be addressed and considered:

A.

Compatibility with the existing development pattern and the zoning of nearby properties.

B.

Changes in land use or conditions upon which the original zoning designation was based.

C.

Consistency with the current comprehensive plan.

D.

Conflicts with existing or planned public improvements.

E.

Availability of public facilities, based upon a consideration of the following factors:

1.

Impact on the traffic characteristics related to the site, specifically trip generation potential.

2.

Impact on population density or development intensity such that the demand for schools, sewers, streets, recreational areas and facilities, and other public facilities and services are adversely affected.

3.

Impact on public facilities planned and funded to support any change in density or intensity pursuant to the requirements of the comprehensive plan and applicable law.

F.

Health, safety or welfare of the neighborhood and County.

G.

Conformance with all applicable requirements of this Code.

H.

Consistency with the development patterns in the area and appropriateness for orderly development of the community. The cost of land or other economic considerations pertaining to the applicant shall not be a consideration in reviewing the request.

I.

Logical expansion of adjacent zoning districts.

J.

Impact on historic resources.

K.

Environmental impacts.

L.

Types of allowable uses and impact of those on surrounding residential areas.

M.

Relocation of mobile home owners, if applicable, within the meaning of, and pursuant to, F.S. § 723.083.

N.

In the case of rezones to Planned Development, consistency with the Planned Development District standards contained in Chapter 4.

O.

Any other matters which may be appropriate for consideration pursuant to this Code, the comprehensive plan or applicable law.

342.4.   Additional Requirements for Amendments to Planned Development Zoning Districts.

A.

Submittal Requirements. In addition to the other requirements of the previous section, applications for amendments to rezone property to a Planned Development district shall be subject to the following requirements.

1.

Planned Development Application Without Site Plan. Applications for amending the Official Zoning Atlas to Planned Development districts may be submitted and approved without an accompanying General Development Plan or preliminary site plan, unless required by the Department Director.

2.

Amendments Approved Without a Site Plan. An application which does not include a General Development Plan or preliminary site plan shall be reviewed for the range of potential uses allowed within that zoning district. The density/intensity of the use shall be reviewed when the General Development Plan or preliminary site plan is submitted. The zoning map amendment to a Planned Development district may include conditions, limitations and specific approvals. The approval of a Planned Development zoning category without the approval of a General Development Plan or preliminary site plan shall authorize the submittal of a General Development Plan or preliminary site plan by the property owner, but shall not authorize any development on the subject property.

In any zoning district established without an accompanying General Development Plan or preliminary site plan, or any zoning district in which a General Development Plan or preliminary site plan has been approved pursuant to this Chapter but has subsequently expired, a General Development Plan or preliminary site plan shall be submitted and reviewed pursuant to this Code in the same manner as a General Development Plan or preliminary site plan submitted in conjunction with an application to rezone to a Planned Development district.

B.

Planned Districts—Review Criteria. Planned development districts may be established in appropriate locations, with respect to intended function; in conformance with the goals, objectives, and policies of the Comprehensive Plan; compatible with the surrounding land uses and zoning districts; where they will not adversely impact facilities and services of the County; where they will not set a precedent for the introduction of an inappropriate use into an area; and so as not to encourage nonresidential strip development along streets.

C.

Procedures for Planned Development Zoning Atlas Amendments.  

1.

Applications for Planned Development Zoning. Applications for Planned Development Zoning Atlas amendments shall be submitted, processed and reviewed as for other amendments to the Official Zoning Atlas. Material submitted with the application, or on subsequent request by the Department Director, shall include the specific zoning district classification requested, the material required by Chapter 5 and other plans, maps, studies and reports, as required below, with sufficient copies for necessary referrals and records.

An application which does not include a General Development Plan shall be reviewed for the range of potential uses allowed within that zoning district. The density/intensity of the use shall be reviewed when the General Development Plan is submitted. The approval of a Planned Development zoning category without the approval of a General Development Plan shall authorize the submittal of a General Development Plan by the property owner, but shall not authorize any development on the subject property.

Applications for zoning atlas amendments for the Planned Development Districts may include submission for approval of a General Development Plan or a General Development Plan may be submitted after the approval of a zoning atlas amendment for the Planned Development District.

If Planned Development Zoning Atlas amendment is submitted without a General Development Plan, conditions, limitations, and specific approval may be placed on the application and approval of a Planned Development Zoning Atlas amendment.

2.

General Development Plan Requirements. Where No Plan Exists. A General Development Plan shall be submitted in accordance with the requirements for and reviewed in the same manner as a General Development Plan which is submitted with an application for a rezone.

3.

Public Hearings. Public hearings shall be conducted in accordance with the general procedures and requirements of Section 312.8 of this Code.

D.

Effect of Approval.  

1.

Approval of an amendment to the Official Zoning Atlas or rezone to PD does not entitle the owner/applicant to do any work on the property, unless the appropriate approvals are obtained.

2.

Approval of a PD entitles the applicant to proceed with final site plan review for the entire development or individual phases. Prior to submitting an application for final site plan approval or within ninety (90) days from the approval of the PD, whichever is first, the applicant shall submit the general development plan approved in conjunction with the PD to the Department Director for signature. The General Development Plan shall reflect all changes and conditions approved by the Board.

3.

With each application for development plan approval, the developer of a planned development shall submit a progress report to the review body. At a minimum, the progress report shall include the following information listed below. If the required progress report is not up to date or is not filed, additional development approvals shall not be granted.

a.

Updated general development plan for the entire development indicating the status of approvals, phasing schedule, undeveloped areas and within developed areas, the number, size, type and locations of all structures and improvements that have been installed or constructed.

b.

Subsequent developers or owners. The names of any subsequent developers and owners of any increments, phases or portions of the planned development.

E.

Typographical or Drafting Errors. Notwithstanding any other provisions set forth above, amendments to correct typographical or drafting errors on the Official Zoning Atlas may be adopted by the Board at a regular meeting without the posting or personal delivery of prior notice and without a public hearing.

F.

Resubmission of Application after Denial. An application for amendment of the Official Zoning Atlas shall not be resubmitted for consideration for a period of one (1) year after the date on which an application for substantially the same proposed amendment has been rejected. This section shall not apply to proposed amendments initiated by the County, or where the Board specifically authorizes resubmittal based upon new information.

342.5.   Additional Requirements for Rezoning to the MP-I District.

A.

Filing of Application. Any person wishing to rezone property into the MP-I District and to undertake development within the MP-I district shall file an application with the Director in accordance with the provisions of Section 342, and this Section. Such application shall include a copy of an Institution Master Plan.

B.

Review Procedures. The review and approval procedures for an Institutional Development shall be the same as for a rezoning pursuant to Section 342, Amendments to Official Zoning Atlas.

C.

Institution Master Plan. In addition to the application requirements for rezoning, the applicant shall provide an Institution Master Plan for review and approval. The plan shall provide sufficient detail for the Board to determine that compatibility between adjacent uses will be achieved upon build out. The plan shall include, at a minimum, the following information:

• Property Boundary

• General Range of Uses, including principal and accessory uses

• Range of Density and/or Intensity, as appropriate

• Building Height

• External Access Points

• Minimum Setbacks from Property Boundary

• Upland Preservation Areas

• Wetlands, wetland buffers and proposed wetland impacts

• Perimeter buffers

D.

Board of County Commissioner Approval. In review of the Institution Master Plan, the Board of County Commissioners may limit the range of uses to ensure compatibility with adjacent existing or future land uses. The Board may also approve specific building heights, perimeter buffers, and setbacks not in strict compliance with Chapter 4 based upon a review of the plan. The Board of County Commissioners shall also be authorized to grant Special Approval with the approval of the Institution Master Plan.

E.

Further Development Review Procedures. Upon approval of a Zoning Atlas Amendment and accompanying Institution Master Plan by the Board of County Commissioners, the applicant may proceed with approvals of site plans in accordance with this chapter. Such approvals shall be consistent with the approved Institution Master Plan and may be approved in phases. Future development shall occur in accordance with regulations in effect at the time, with the exception of the information contained on the Institution Master Plan (e.g., details of landscaping, lighting, parking, etc. will not be shown on the master plan but future approvals will be required to comply with the most current regulations).

F.

Uses Proposed. Uses must be consistent with and allowed under the range of potential uses for the applicable Future Land Use Category of the Comprehensive Plan. Uses listed as permitted in Chapter 4 must be declared as either principal or accessory on the Institution Master Plan.

The following uses may be considered principal uses: Office, Hospital, Research and Development Activity, Churches or other places of worship, College/University, Schools of Special Education, Cultural Facilities, and Nursing Home.

All remaining uses permitted in Figure 6-1 shall be allowed as accessory uses if they are listed on the Institution Master Plan.

G.

Effect of Approval. Upon approval of the Institution Master Plan by the Board through adoption of a Development Order, the applicant may apply directly for approval of a Preliminary/Final Site plan and may indicate phases on that plan. Subsequent applications may depart from the phasing plan if each site plan provides access and other common improvements adequate to serve all cumulative developments in the event other phases fail to develop timely.

H.

Modification. Minor Modifications may be approved by the Director after a finding of consistency with the Institution Master Plan and Comprehensive Plan. Should future development conditions warrant a major modification to the Institution Master Plan, such an amendment shall be reviewed and approved in the same manner as the original plan.

I.

Expiration. Upon approval, the Institution Master Plan shall not expire.

J.

Other Permits Required. Nothing in this Section shall eliminate the obligation of the applicant to obtain any required permits from State or Federal agencies.

K.

Revocability. In the event the Director determines, in his or her sole discretion, that the applicant has failed to suitably monitor the progress of the development under the Institution Master Plan so as to trigger or have a factual basis to conclude that the numerical thresholds will be exceeded such as to trigger review as a development-of-regional-impact, the Director shall notify the applicant in writing of his or her determination. The applicant(s) receiving such notice shall have the right to appeal pursuant to Section 516, LDC, of the decision or interpretation of the Director in the enforcement of this Code requirement. The applicant shall record a notice to buyers in the public records at such time as any parcel or portion of the property is sold or transferred to another legal entity of the requirement of a subsequent purchaser to comply with the monitoring requirements regarding numerical thresholds and development-of-regional-impact review.

Such appeal shall be heard by the Board. The Board, at its option, based upon evidence in the record and exclusive of all other remedies available to the Board pursuant to Land Development Code and applicable law, may revoke the approval of a portion of the Institution Master Plan for which no Preliminary/Final Site Plan has been issued in order to prevent issuance of further development orders and prevent the exceedance of numerical thresholds for development-of-regional-impact review. In the event the approval of all or a portion of the Institution Master Plan is revoked by the Board, the Board shall adopt a resolution providing for such revocation and a Notice of Revocation shall be recorded in the public records.