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Hendry County Unincorporated
City Zoning Code

Sec. 1-53-7

DSAP district.

1-53-7.1. DSAP purpose. The detailed specific area plan (DSAP) district is established to meet the requirements of F.S. § 163.3245, for development located within a sector plan. A DSAP is the implementing instrument for a Sector Plan that has been adopted into the Comprehensive Plan. A DSAP must meet the criteria and be processed in accordance with F.S. 163.3245(3)(b).

1-53-7.2. DSAP development application procedures.

(a)

Pre-application conference. Prior to filing an application for DSAP, the applicant or his authorized representative shall confer with the planning and zoning department, as well as such other county officials and representatives of other agencies. The purpose of this conference is for the applicant to present the initial concept of the proposed DSAP, to permit county staff to make preliminary comments on the proposal, and to provide a detailed explanation of application requirements and review procedures. Waivers for application requirements and other materials that may be necessary for the review of the development will be discussed.

(b)

Application. A petition for DSAP shall be submitted in accordance with the general requirements for amendments to the official zoning map as set forth in LDC section 1-50-9 and F.S. § 163.3245. Applications shall include the following:

(1)

A statement identifying all owners of the property within the proposed DSAP, together with evidence of consent of the affected property owners. If submitted by other than the current owner(s) of the property, the statement shall be accompanied by satisfactory evidence of the existence of consent, purchase or lease agreement(s) or other appropriate instrument.

(2)

A general concept plan at an appropriate scale showing the character, extent, and general location of uses, including open space and recreation areas, public facilities, and buffers. Concept plans shall depict individual development areas (i.e. residential, retail, office, manufacturing, etc.) with the boundary of each development area within which buildings, parking or other uses will be located.

(3)

An itemization of the number and types of dwelling units and square footages of nonresidential uses, and a schedule showing the expected phasing plan (including the approximate starting and ending dates of each phase) specifying the number of dwelling units and/or quantity of nonresidential uses to be included within each phase.

(4)

A traffic impact statement (TIS) must be submitted.

(5)

A report indicating how the proposed DSAP will conform to the adopted comprehensive plan, including the applicable sector plan.

(6)

Each DSAP shall provide a cumulative report on the amount of development approved to date within the sector plan. The report shall include a table that lists the total approved development for the sector plan and all approved and proposed development and conservation within DSAPs. The total development approved in the sector plan shall not be exceeded unless a comprehensive plan amendment is reviewed and approved. Any subsequent local development approvals for subsets of the DSAP shall provide an accounting of the amount of development assigned to the subject property in comparison to the overall assignment of development for the pertinent DSAP.

(7)

Each application shall include a report on the following: floodplains, known archaeological and historical sites, and habitats for threatened or endangered species.

(8)

Such other materials as may be determined by the community development director as being necessary for the review of the development based on its unique location, character or extent.

1-53-7.3. DSAP approval procedures.

(a)

Review and consideration of the DSAP application shall be conducted in the same manner as provided by law for any changes to the zoning map, except as modified below.

(b)

The applicant shall submit one copy of the application for a completeness review by county staff. Once the application is determined to be complete, the applicant shall submit the required number of hard copies and a CD of the entire application to the county.

Within 30 days after receiving a completed application, the county must notify an applicant if additional information is required for the county to determine the sufficiency of the application, and shall specify the additional information that is required. Each time an applicant responds to a request for additional information, the 30-day review period begins anew.

(c)

Once county staff finds the application to be sufficient, the applicant is required to submit a copy of the sufficient application to the state reviewing agencies for review and comment. The state reviewing agencies have 30 days to provide the county with comments based on consistency with the sector plan.

(d)

County staff may consider the state reviewing agency comments in their recommendations to the board of county commissioners.

(e)

As part of approval of an application for DSAP zoning, the board of county commissioners may establish further requirements or limitations applicable to the development. Such conditions shall be based on findings by the board that they are necessary to ensure compliance with the comprehensive plan and this Code.

(f)

Subsequent to board approval, an approved DSAP must be rendered to the Florida Department of Economic Development (FDEO). Pursuant to state statute, FDEO's review is solely for the purposes of ensuring consistency with the sector plan. Any appeals of the approved DSAP shall be in accordance with F.S. § 163.3245(3)(e).

1-53-7.5. General standards for DSAP developments. The DSAP shall be consistent with the goals, objectives and policies of the comprehensive plan and sector plan and must include conditions and commitments that meet the stipulations of F.S. § 163.3245(3)(b).

(Ord. No. 2016-01, § 1, 1-12-16)