HomeMy WebLinkAbout1990 09 11 - GDU Water Service Expansion7L1 L17. iu I 1 Du ic-i%,JV11 .JHH
BOARD OF COUNTy COMMISSIG_.ERS
1840 25th Street, Vero Beach, f1wida 32960
Telephone' (407) 567-8000
September 11, 1990
Dr. Henry A. Fischer
Sebastian General Partnership, B.F.T.
Post office,Box-780068
Sebastian, Florida 32978-0068
SUBJECT: UTILITY LINES FOR CHESSERS GAP
Svncom Telephonb: 224-1011
Dear Dr. Fischer:
Indian River County Utilities is prepared to recommend to the County
Commission the approval of the expansion of General Development's water
franchise in the area described
In order to do this, we must receive the requestst make from
GDU-mal rein order to
expand their service area, the utility
of
Our recommendation will requirehiss providing
rea idiAfter service
within one County approves the
the expansion of the franc
expansion, the City must amend the franchise area description.
Unfortunately, I don't know of a simpler way to get this done.
Everythtng I try seems to have a problem.
Sincerely',
e G: Z. o
Director of Utility Services
TGP:cew
(WCHESGAP.TGP):cew
Staff Recommendation
1. All improvements, as outlined in the Traffic Study to
County Road 512 (traffic light, right turn lane and left turn
lane) will be constructed by the applicant in accordance with
Indian River County's requirements. This does not preclude
Indian River County from requesting modifications or
additions to the improvements.
2. Approval of this preliminary development plan authorizes
this applicant to,
a. Construct all required street, on-site stormwater
tracts, street lighting, and all other improvements to
Fleming Street/Vocelle extension as indicated on the
preliminary plans dated I— \ ISS .
b. Construct the emergency access from the westend of the
project to connect with Wave Street in Unit 6.
C. Once the above improvements has been completed and
certified by the applicant's and City of Sebastian's
engineer, a final plat would then be submitted for approval
in accordance with Section 20A-4.11 of the Land Development
Code.
3. No final plat shall be filed nor approved until central
water and sanitary sewer has been constructed and approved by
the appropriate authority having jurisdiction.
4. The Planning & Zoning Commission is recommending a waiver
to Section 20A -4.1(3)(B)(2) concerning architectural design
subject to all individual lots must submit for site plan
review in accordance with Article 10 of the Land Development
Code. This will enable Planning & Zoning to review and
coordinate said structures to provide a pleasing and
harmonious overall environment as outlined in Section 20A -
10.2(B).
5. Each site plan submitted indicating separate ownership
from the original applicant, must submit agreements,
covenants, contracts, deed restrictions, or sureties
acceptable to the City to bind the development with all
commitments outlined in the Preliminary Development Plan.
hF w
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K
V. 12, p. 388-23
REGIONAL IMPACT
CiIAPTER 28-24
LAND PLANNING - PART 11
DEVELOPMENTS PRESUMED TO BE OF
REGIONAL IMPACT
28-24.001 Airports.
28-24.002 Attractions and Recreation
Fadlities.
28-24.003 Electrical Generating Facilities
and Transmission Lines.
28-24.004 Hospitals.
28-24.005 Industrial Platte and Industrial
Parks.
28-24.006 Mining Operations.
28-24.007 Office Parks.
28-24.008 Petroleum Storage Facilities.
28-24.009 Port Facilities.
28-24.010 Residential Developments.
28-24.011 Schools.
28-24.012 Shopping Centers.
28-24.013 Application of Presumptive
Thresholds.
28-24.014 Application of Banded
Thresholds.
28-24.015 Airports.
28-24.016 Attractions and Recreation
Facilities.
2844.017 Hospitals.
28-24.018 Industrial Plants and Industrial
Parks.
28-24.019 Mining Operations.
28-24.020 Office Development.
28-24.021 Petroleum Storage Facilities.
28-24.022 Port Facilities.
28-24.023 Residential Developments.
28-24.024 Schools.
28-24.025 Retail, Service, and Wholesale
Development.
28-24.026 Hotel or Motel Development.
28-24.027 Recreational Vehicle
Development.
28-24.028 Multi -Use Development.
28-24.029 Industrial Plants, Industrial Parks
and Distribution, Warehousing or
Wholesaling Facilities.
28-24.030 Port Facilities.
28.24.031 Retail and Service Development.
28-24.032 Multi -Use Development.
LArary Referemew Van Doren, Fla. Real Property Law
(77re Harrison Co.); Dean, Updating the DRI Proem 53
Fla. Bar j. 145, 133 (April 1979) (cites foreseer Chapter
22F-2); Carley, judicial Interpretation of Florida's
DeveMprrients ofRgiwW Impact, 53 Fla. Bar j. 633.634
(Nov. 1979); Bercow, The Nerd for a De dopmeat Plea
under Chapter 380. 39 Fla. Bar J. 85 (Na 6, 1985);
Be -ow, Modifying Appvoxd Developnena of Regional
Impact, 61 Fla. Bar j. 67 (Om 1987); Bowman @ Powell,
The Fkxtbk New Approach to DRI AggrWoon. 63 Fla
Bar j. 54 (July/august 1989).
29-24.001 Airports. The following
development shall be presumed to be a development
of regional impact and qubject to the requirements of
Chapter 380, Florida Statutes:
The proposed comtructioti- of any airport
(R. 8189)
28-24.003
development project as defined in the Federal
Airport and Airway Development Act of 1970,
Title 49 Unjtrd States Code, Section 1701 et seq.,
involving the location of a new airport, a new
runway or g runway extension.
Specific Authpnry 380.06(1) FS. Law Implanented
380.06, 380.10 FS. Hisrorr-New 7-1-73, Formerly
21F--1.01, Fvmxyly 17f-1.01, Trandared from
27F-1.001.
28-24.002 Attractions and Recreation
Facilities. The following developments shall be
presumed to be developments of regional impact and
subject to thf requirements of Chapter 380, Florida
Statutes:
(1) Any sports, entertainment, amusement or
recreation facility, including, but not limited to,
sports arenas, stadiums, race tracks, tourist
attractions ltd amusement parks, the proposed
construction or expansion of which:
(a) for single performance facilities:
1. provides parking spaces for more than two
thousand five hundred (2,500) can; or
2. providq more than ten thousand (10,000)
permanent tuts for spectators; or
(b) for atrial performance facilities:
1. provide parking spaces fcr more than one
thousand (1,(00) can; or
2. provide more than four thousand (4,000)
permanent st#ts for spectators.
For purppto of this subsection "serial
performance (gdlities" shall mean those using their
parking array or permanent mating more than one
time per day on a regular or continuous basis.
(2) The proposed construction of any facility
authorized under state law to conduct pari-mutuel
wagering activities or the proposed expansion of
such a facil1 , which would result in more than a
ten percent 0%)
increase in parking spaces or
permanent q0ts for spectators.
Spee Autry 380.06(1) FS. Lsw Implemented
380.06, 380.10 FS. History -New 7-1.73, Formerly
22F-2.02, JrWp=ly 17F-1.01, Traas(erred from
17F-2.002.
28-24.003 k lectrical Generating Facilities
and TrangRaission Lines. The following
developmenq 1W be presumed to be developments
of regional impact and subject to the requirements of
Chapter 380, Florida Statutes:
(1) Any proposed stem electrical generating
facility with 4 total generating capacity greater than
one hundred (100) megawatts, or a proposed steam
addition to ars posting electrical generating facility,
which addition has a generating capacity of greater
than one hujWred (100) megawatts; except that this
paragraph s1t411 not apply to a facility which
produces Rleetricity not for We to others.
Generating capacity shall be measured by the
manufacturer's rued "name plan' capacity.
(2) Any proposed electrical transmission line
which has i c4pacity of two hundred thirty (230)
kilovolts or more and crosses a county line.
Provided, however, that no electrical
transmission line shall be considered as falling
O
O
0
V. 12, p. 58&•24
within this standard if its construction is to be I2F-105, Formad• 27F-ZOS, Transferred from
i limited to an established right-of-way, as specified 27F-2.005.
in Subsection 380.04(3)(b), Florida Statutes. 4NNOTA77ONS
'{ Spm m Authority 780.06(2) FS. Law Implemented
`i JW06, 3M.10 FS. Hinary—New 7.1-73, Fameriy
22F-2.0.7, Formedy 27F-203, Traasfared from
27F-2ot1
i
1 -
29-24.004 Hospitals. The following
development sWI be presumed to be a devdopment
of regional impact and subject to the requirements of
Chapter 360, Florida Statutes
Any proposed hospital whish has a design
capacity of more than tai: hundred (600) beds, or
whow application for a certificate of need under
Seaian 381.494, Florida Statutes, shows in the
statsmsat: of purpose and need that such hospital is
designed to serve the citizens of mora than one
county.
Spam& Authority 380.06(2) FS. Law Laapleme ted
3MOft 380110 FS Hinny --New 7-1-75. Fw medy
22F -10-k Foraafffy 27F-204. Tranderad loom
27F -Zone.
Lust, tense juersmsawyer A Wadley. FL.
Z4ntq f — Spsz & Uses (73e H-- Cempusy), 1
3-27.
ANNOUT7014
Cert>TSosat of mad
Whin Be pub c hVAnW was )kid oa appliatM by
be4m care irudm cei dor Oxtraucaan of mew hospital
pUutat m Health Fatsha s Flanntag Art, iuuwm of
carnfican of meed !octad quasi-judicial character and it
was apFropriatc gar plaintiff to attack it by ruarsdamUS,
pruhihid- car h juncti— Humana of Fiorida, Iw- r.
Wer. App:, (180 J29 Sa 2d 420 (1976).
Review
Odw of heariV mar dedgasted to conduct
preen AW sn appboui n for artirs are of Hood to
ornstr "a hOOPO of seas as thus Of SSEWr," so was nor
final SSM>• a -c s subjea tojudxW review. Bureau of
Cooswiry Medias) Facilities Plaaniag of Depumteat
of Roo and tekaUlitsdre Saviour r. Samp,^ App.,
(lar) 341 Sa 2d 1071 (1977).
Maodamw was cot proper active for review of denial
or gram of oatirkaer dated to build hmpit&4 sumo: such
denial or start inrdres 8wrau's exeraw of diactnion;
bowrver. on reisanag mum allowed parry so amend
at 11 ao pecidoat for review by way of declaratory
,rudgment Gemara) Cur Corp. v. Foerltm4 App.. (In)
329 Sa 2d 49 (1976))
25-24.003 Emditanal Plants and Industrial
Parks The following devefopnx=~ shxfl ,. be-
prestuned to be a development of regional impact
and subject to the requircmenus of Chapter 380,
Florida Statutes:
Any proPDred industrial, manufacturing, or
processing plant under cotton owttetship, or any
proposed industrial park under common ownership
which provides sites for industrial, manufacturing,
or praesting activity, which:
(1) provides parking for more than one thousand
rive hundred (1,500) motor vehicles; or
(2) occupies a site greater than one (1) square
mule.
Specific Authoriry 380.06(2) FS. Law Implemented
MA06, 360.10 FS. Wh=ry—New 7-1-73, Forman),
Deparuneht of Veteran and Conmumry Affairs.
Divisiat of Local AofPwce Management did not err in as
binding hYter of infe prrution by detertruning that City's
proposed 1,000-f*g wtxmrt urension of wasting
6,000 -foot can-" runway at airport did not possess
vrstcd nghts sung undo suture govexrung development
of teranal tm pas; pgyn found ung m City's actions or
rern+umm that asp wnred to autimnzarion to commence
doe iapment,and(;ityspurduscoflanditselfdidewvm
any rfghts in mnnpf earensmz City of Ft. L.audada/e Y.
State Dinum 4f Local Resource Management,
Deparrmett of Velem and Community Affairs, App..
(fist) 424 $a 2d 102 (1982).
28-24.006 K41* Operuicus.
(1) The fol)owing development shall be
presumed to be a Oevelopment of regional impact
and tubjea to the requirements of Chapter 380,
Florida Statutes:
Any propoac4 polid mineral mining operation
which annually r9µires the removal or disturbance
of solid minerals or overburden over an area,
whether or not contiguous, greater than one
hundred (100) acres or whose proposed
consumption of water would exceed three million
(3,000,OCO) gallons per day. In computing the
acreage for this purpose, a removal or disturbance of
solid minerals or overburden shall be considered
part of the same 0Rera 'on if it is all located within a
circle, the radius of which is one (1) mile and the
anter of which y located in an area of removal or
disturbed solid rgiperals or overburden.
(2) As used in this section:
(a) The term 'overburden" means the natural
covering of any solid mineral sought to be mined,
including, but not limited to, soils, sands, tracks,
gravel, limestone, water or peat.
(b) The term "solid mineral" includes, but is not
limited to, day, sand, gravel, phosphate rock, lime,
shells (excluding lWve shellfish), stone and any rare
earths contained it) the soils or waters of this state,
which have theretofore been discovered or may be
hereafter discovered.
Specific Authority 380.06(2) FS. Law Implemented
J80.06, JW.10 FS, liivory—New 7-1.73, Formerly
22F-206. Forma-ly 27I'-2.06, Transfen-ed from
17F-ZOO6.
Lllitary teferrsotu; .%ucq=mem cit Wadley, Fla.
Zoning — Speafre uses (The Harrison Company), i
3-36.
28-24.007 Of&pe Parks The following
development shall Oe presumed to be a development
of regional impact grid subject to the requirements of
Chapter 380, Florida Statutes:
Any proposed office park operated under one
common property ownership or management, that:
(1) occupies n%are than thirty (30) acres of land;
or
(2) enewmpa" more than three hundred
thousand (300,OOQ) square feet of gross floor area.
Spic Authority,,,J80.06(2) FS. Law Implancarcd
40
tnttC
V. 12, P. 333-23
RLGIONAL U"ACT
380.03, 380.10 FS. History—New 7-1.71, Formerly
12F-2.07, Formerly 17F-1.07. Translefrt! from
27F-2007.
23-24.003 Petroleum Storage Facilitim.
(1) The following , developments shall be
presumed to be developments of regional impact and
subject to the requirements of Chapter 380, Florida
Statutes:
(a) Any proposed fadlity or combination of
facilities located within one thousand (1,000) feet of
any navigable water for --the storage of any
petroleum product with a storage capacity of over
fifty thousand (50,000) barrels.
(b) Any other proposed facility or combination
of facilities for the storage of any petroleum
products with a storage capacity of over two
hundred thousand (200,000) barrck.
(2) For the purpose of this section, "barrel" shall
mean forty-two (42) U. S. Gallons-
Specifk Autheirity !80.06(2) FS. Lw Lrnplementtd
38A.06, 380.10 F1 History—New 7-1.73, Formerly
22F -Z.08, Formerly 27F-2.08. Trana&rred Irani
27F-2.008.
Lu"Y 6ellv— .%—Tenm-ye, & Wadley, Fla.
Z ,hW — Spov.Gc Um (The Harrison Company), 4
3-12
23-24.W9 Port Facilities. The foQowing
development shall be presumed to be a development
of regional impact and subject to the requirements of
Chapter 380, Florida Statutes:
The proposed construction of any water port,
except those designed primarily for the mooring or
storage of watercraft used exclusively for sport or
pleasure of las than one hundred (100) slips for
moorings.
Spic Authority 380.06(2) FS. Law Implemented
380.06, 380.10 FS. Hoary—�New
T� �y
22F-1.09, Formcily
17F-2009.
(R. 8/89)
28-24.012
(2) As used, in this section, the term "residential
development".shall include, but not be limited to:
(a) the subdivision of any land attributable to
common owgfphip into lou, pawls, units or
interests, or
(b) land or Dwelling units which are part of a
common plait of rental, advertising, or sale, or
(c) the cogptruction of residential structures, or
(d) the glAg lishment of mobile home parks.
(3) As usptf in this section, the term "dwelling
unit" shall glean a single room or unified
combination of rooms, regardless of form of
ownership, that is designed for residential use by a
single family, 'itis definition shall include, but not
be limited to, condominium units, individual
apartments aqd individual houses.
(4) For the purpose of this section, the
population pf the county sha11 be the most recent
estimate for that county, at the time of the
application for a development permit. 'fife most
recent estirgtlte shall be that determined by the
ExemLive Office of the Governor pursuant to
Section 23.019, Florida Statutes.
Specific Au mnry 380.03(1) FS. Law Implcrsented
380.06, Mato FS. 11inory—New 7.1-73, Formerly
22F-1.10, Fwrnerly 27F410, Trjulderred from
27F-1.010.
23-24.010 Residential De—lopu=ts,
(1) The following developments shall be
presumed to be developments of regional impact and
subject to the requirements of Chapter 380, Florida
Statutes:
Any proposed residential development that is
planned to create or accommodate more than the
following number of dwelling units:
(a) In counties with a population of less than
25,000 — 250 dwelling units
(b) In counties with a population between
25,000 and 50,000 — 500 dwelling units
(c) In counties with a population between
50,001 and 100,000 — 750 dwelling urtica
(d) In counties with a population between
100,001 and 250,000 — 1,000 dwelling unit
(e) In counties with a population between
250,001 and 500.000 — 2,000 dwelling units
(f) In counties with a population in excess of
500.000 -- 3,000 dwelling unix residential
Pravided. however, that any
development located within two (2) miles of a
county line shall be treated a; if it were located in the
less populous county.
28-24.0111 Sluo12-
(1) Tice following development shall be
presumed tp be a development of regional impact
and subject to the requirements of Chapter 380,
Florida Stalut-
The proposed construction of any public, private
or propriet4ry pw-t-secondary educational campus
which pro tits fora design population of more than
three thoyWnd (3,000) full-time equivalent
students, or {he proposed physical expansion of any
public, prlgate or proprietary post -secondary
educational campus having such a design
population, fry at least twenty percent (20%) of the
design pop4lAtion.
(2) As uwd in this section, the term "full-time
equivalent student' shall mean enrollment for
fifteen (15) quarter hours during a single academic
semester. In area vocational schools or other
institutions which do not employ semester hours or
quarter hours in aocounting for student
partiapaucin, enrollment for eighteen (18) contact
hours shall be considered equivalent to one (1)
quarter hoyr and enrollment for twenty-seven (27)
contact hours shall be considered equivalent to one
(1) semester hour.
Specific Autry 380.06(2) FS. Law Implawmed
380.06, 380.10 FS. History—New 7-1.73, Formerly
22F-2.11, jromwrly 27F-1.11, Transfrrrcd from
27F-2.011.
28-24.01'2 Shopping Center. The following
development shall be presumed to be a requirnt
ements of regional impact and subject to the req
Chapter 380, Florida Statutes:
Any prpposed retail or wholesale business
establishment or group of establishments operated
under one common property ownership or
N _
1
I 28-24.014
ADMINIBTRAMON COMM1.98ION V. 12, p. 588-26
management, such as a shopping center or trade
center, that:
{ +'
(1) occupies more than forty (40) saes of land;
or
(2) enoompasses more than four hundred
( thousand (400.000) square fm of grow floor area;
(3) provides panting spaces for snore than two
thousand live hundred (2,500) cars.
Spedfk Audraity 380106(2) F& Uw lmpfemreW
380106. 380.10 FS. ifiswt New 7.1.71. FasrxHy
I1F-21Z .FarwHy 27F•1.1Z Transferred ftmt
27F-1011
38.24.013 Application of Presampcive
TUesboWs. Tire guidelines and standards in
2844.001 through 28-24.012 shall apply to
developers who received authorization w commence
deelopmcni frac the local govannsent prior to
October 1, 1985.
Spearx AutAairy 39Q06(2)(rJ FS. Uw lmpkmented
38aO6 FS Niwyo New 12.31-83. Tratm(emed !coon
27F-2.011.
4544.014 Anlieati= of
(1) The guidelines and standards in 28-24.O1S
through 28-24.017, 26-24.019 through 28-24.021,
28-24.023 through 28.24.024 and 28-24.026
through 28-24.027 for developments required to
undergo development -of -regional -impact review
shall apply to developers who receive authorisation
to ounmence development from the local
government on or after October 1, 1985.
(2) The guidelines and standards in 28-24.018,
28-24.022, 28-24.025 and 28.24.028 for
developments required to undergo
developetent-of-m9ional•impact review shall apply
w developers who received authorization to
commenee development for these tun from the local
government on or after October 1, 1985 through
Jure 30, 1988.
Development Type/
Threshold Unit
(a) Expansion
Runway/Terminal
(28-24.015)
(b) Attraction/
Recreation (28-24.016)
1. Single Performance
a. Parking Spaces
b. Sena
2. Serial Performance
a. Parking Spam
b. Seats
(c) Hospitals — Beds
(28-24.017)
(d) Industrial
(28-24.018)
1. Parking Spaces
2. Aces
(e) Mining
(28-24.019)
1. Asa
2. Gallons
s:
I
80%
20%
2,000
8,000
800
3,200
480
2,000
256
80
2AM
(3) The guidelines and standards in 28-24.029
through 28-24.032 for developments required to
undergo development -of -regional -impact review
shall apply to developM who receive authorization
to commence developWnt for.these uses from the
local governmenf on or after July 1, 1988.
(4) Pursuant to the requirements of Section
369.307, Florida Statutes, the numerical thresholds
for the types of deyalopment listed trader the
guidelines and standayds in Section 28-24.013, and
paragraphs (1), (2), 4vO (3) above shall be reduced
by 50 pemnt when applied to proposed
developments entirely or partially located within
the Wekiva River Protection Area where the
developer received 4pthorization to commence
development from the local government on or after
June 17, 1988.
(5) The banded ndpumerical guidelines and
standards in 28-24.015 through 28-24.032 shall be
applied as follow::
(a) A development $stat is at or below 80 percent
of all numerical thresbglds shall not be required to
undergo development-taf-regional-impact review.
(b) A developmenj {hat is between 80 and 100
percent of a numerical threshold shall be presumed
to not require devplppm nt-of-regional-impact
review.
(e) A development that is at 100 percent or
between 100 and 120 percent of a numerical
threshold shall be presumed .to require
development -of -regional -impact review.
(d) A development tbat is at or above 120 percent
of any numerical threshold shall be required to
undergo development -Af-regional-impact review.
(6) The followin Chum is intended to illustrate
the eighty, one hu= and one hundred twenty
percentages of tech pumerical threshold. In the
event of a conflict betwten the chart and the written
thresholds, the wri"m thresholds shall control.
Threshold Percentage
1007
25%...
2,500
10,000
1,000
4,000
600
2,500
320..
100
3 -OM
120%
30%.
3,000
12,000
1,200
4,800
720
3,000
384
't 120
3.6M
M1
4th.
.1
V. 12, p. 38$-27 KWIONAL IMPACT
f M Office (28-24.020)
1. Gross Square Feet 240,000 300,000
2. Acres 24 30
F 3. Gross Square Feet* 480,000 600,000
(g) Petroleum Storage
(28-24.021)
1. Barrels -- within
1000 ft. of navigable
water 40,000 50,000
2. Barrel - all others 160,000 200,000
(h) Pott/ (Mari=)
(28-24.022)
I. Wet Storage or
Mooring of Watercraft 80 100
2. Dry Storage of
Watercraft 120 150
3. Wet/Dry Storage
or Mooring of
Watercraft•• 240 300
p± 4. Dry Storage of
Watercraft in a
Marina Constructed
and in Operation prior
to July 1, 1985 240 300
(i) Residential
dwelling unit -
( (28-24.023)
++ 1 1. 25,000 population
11 or less 200 250
2. 25,001-50,000
5 population 400 Soo
1 3. 50,001-100,000
population 600 750
4. 100,001-250,000
population 800 1,000
5. 250,001.500,000
population 1,600 2,000
6. 500,001 population
or more 2,400 3,000
0) Schools (28.24.024)
1. Full Tune
Equivalent Students 2,400 3,O00
2. Expansion in
design population -
percentage 16% 20%
(k) Retail (28.24.025)
1. Gross Square Feet 320,000 400,000
2. Acres 32 40
3. Parking Spaces 2.000 2,500
(1) Hotel/Motel
(28-24.026)
1. Rooms 280 350
2. Rooms• 600 750
(m) Recreational
Vehicle - Spaces
(28-24.027) 400 500
(n) Multi -Use -
Percentage (28-24.028) 104 130
(o) industrial Plant,
Industrial Parks and
Distribution.
Warehousing or
Wholesaling Facilities
(28-24.029)
(R. 8/89)
28-24,014
360,000
36
720,000
60,000
240,000
120
180
CM>
01
360
360
300
600
900
1,200
2,400
3,600
3,600
24%
480,000
48
3,000
420
900
600
156
z
V. 12. p. $88-29
REGIONAL IWACT
recreation facility, including, but not limited to, acreage for this PVfPose. a removal or disturbance of
sports arenas, stadiums, race tracks, tourist solid minerals or Overburden shall be considered
facilities' theProposed
auks, and pan-mutuel pan of the same operation if it is all located within a
which: Posed construction or expansion of circle, the radius of which is one mile and the tenter
(1) For single performance facilities: of which is located in an arra of removal or disturbed
(a) Provides parking spaces for more th2solid minerals or Overburden.
an,g�
cars; or (2) As used in this section:
(b) Provides more than 10,000 (a) The term '"Overburden" means the natural
fors For
Punent seats covering of any solid materia! sought to be mined,
Pe; or including, but not limited to soils, sands, rocks,
(2) For serial performance facilities:
(a) Provides parking spaces for more than 1,000 gravel, limestone, water or peat.
cars; or (b) The term "solid mineral" includete , but is not
limited to, clay, Land, gravel, (b) Provides more than 4,000 permanent seats shells (excluding live shellfish), stone aand anyrarefor spectators;
shall e a development of regional impact. earths contained in the soils or waters of this state,
For ear which have theretofore been discovered or may be
purposes of this subsection, "serial Performance hereafter discovered.
facilities" means those using their parking areas or Specific Authority 380.06(2) FS. Law
permanent seating more than Implemcnrcd
one time per day on a 380.06, J80.0651 FS. Hi
regular or continuous basis, story_ 1Vcw 12-31-85,
Transkrrrd from 27F
SproreAuthon'ry380--1(3)(b)FS. Lawlm l 1.019.
380.06 FS Hisr12-31-85,p rd fn) d 28-24.020 Office Development. Subject to
17F--1016.—New Trarufcrrrd lrtxn
Section 380.06(2)(4), F. S., any proposed office
building or park operated under common
ownership, development plan, or management,
that:
(1) Encompasses 300,000 or more square feet of
gross floor area;
(2) Has a total site size of 30 or more acres; or
(3) Encompasses more than 600,000 square feet
of gross floor area in counties with a Population
greater than 500,000 and only in geographic areas
specifically designated as highly suitable for
increased threshold intensity in the approved local
comprehensive plan and in the comprehensive
regional Policy plan; shall be a development of
regional impact,
Specific Authority 380.0651(3)(d) FS. Lar• Implemented
380.06 FS. History—Ncw 11-31-85, Transfcrrcd from
17F•2020.
Ot 4/'90)
28-24.021
28.24.017 Hospitals -
(1) Any proposed hospital where the application
for a certificate of need under Section 381.494,
Florida Statutes, shows in the statement of purpose
and need that such hospital is designed to serve the
Citizens of more than one county shall be presumed
to be a development of regional impact.
(2) Subject to Section 380.06(2)(d). F. S., any
propoud hospital which has a design capacity of
more than six hundred (600) beds shall be a
development of regional impact.
Specific Authority 380.06(2) FS Law Implemrn(ed
380.06. J8aOd51 FS Hinary--.Nes 12.31.85,
Trarscfemed from 17F--2017,
28-24.018 Industrial Plant' aced Industrial
Parka- Subject to Section 380.06(2)(d), F. S., any
Proposed industrial, manufacturing, " Processing
Plant under common ownership, or any proposed
industrial pant under common ownership which
provides sites for industrial, rnanufaauring, or
proasaing activity which:
(1) Provides parking for More than 2.500 motor
vehicles; or
(2) Oeeupies a site greater than 320 acres. attall
be a development of regional imPacL
SPrafic Awhoriry 380.06s1(3Xe) FS. Las Implemented
•180.06 FS. History—Net. 11-31-85, Tsand dared frim
17F-2.018.
28.24.019 Mining Operations.
(1) Subject to Section 380.06(2)(d), F. S., the
following development shall be a development of
regional impaa and subject to the requirements of
Chapter 380, Florida Statutes:
Any Proposed solid mineral mining operation
which annually requires the removal or disturbance
of solid minerals or overburden over an area,
whether or not contiguous, greater than one
hundred (100) aces or whose pmposcd,
consumption of water would exceed three million
(3,000,000) gallons Per day. In computing the
28-24.021 Petroleum Storage Facilities.
(1) Subject to Section 380.06(2)(d), F. S., the
following developments shall be developments of
regional impact and subject to the requirements of
Chapter 380, Florida Statutes:
(a) Any proposed facility or combination of
facilities located within one thousand (1,000) feet of
any navigable water for the storage of any
Petroleum product with a storage capacity of over
fifty thousand (50,000) barrels.
(b) Any other proposed facility or combination
Of facilities for the storage pf any petroleum product.
with a storage capacity of over two hundred
thousand (200.000) bfrrels.
(2) For the purpose of this rule, "barrel" shall
mean forty-two (42) U. S. Callon;.
Sped(re Authon'ty 380.06(2) FS. Lar. Implemented
380.06, 380.0651 FS. History --New ' 12-1I-85,
Tritnsfured from 17F-2.021.
ANNOrA ITONS
Pipeline
DCA i policy of excluding pipelines from dclrnition of
'irorage facility,"u that term is used in Ru/c28-24.021,
F.A.C., is not unpromulgared rule, u pipelines transport,
�x
� •;a
,1
! a
M 1/9'0)
28-24.026
ADMD11STRATION COMMISSION
and do nor norr, petroleum, and this interprrut *
d
comports with plain and unarrrNfuous meaning of word
"storMr "Thus, peuvkum contained in such pipelines is
not included in capadry dement of DRI review threshold
far petroleum storage utilities. Racikll v. Department of
Carsmuniry Affair: (DOAH 89.6100R), 11 FA" 631
(1990).
28-24.022 Port Facilities. Subject to Section
380.06(2)(d), F. S., the proposed construction of
any waterport or marina shall be a development of
regional impact, except those designed for:
(1) The wet storage or mooring of less than 100
watercraft used exclusively for sport, pleasure or
commercial fishing.
(2) The dry storage of less than 150 watercraft
used exclusively for sport, pleasure, or commercial
fishing.
(3) The wet or dry storage or mooring of leu
than 300 watercraft used exclusively for sport,
pleasure, or commercial fishing in an area
designated by the Governor and Cabinct in the state
marina siting plan as suitable for marina
construction.
(4) The dry storage of less than 300 watercraft
used exclusively for sport, pleasure, or commercial
fishing at a marina constructed and in operation
prior to July 1, 1985.
Specific Authority 380. 065 1 (j)(e) FS. Law Implemented
380.06 FS. History—New 12-31.85. Transferred from
17F-2.022.
28-24.023 Residential Developments.
(1) Subject to Section 380.06(2)(d), F. S., the
following developments shall be developments of
regional impact:
Any proposed residential development that is
planned to create or accommodate more than the
following number of dwelling units:
(a) In counties with a population of less than
25,000 — 250 dwelling units.
(b) In counties with a population between
25,000 and 50,000 — 500 dwelling units.
(c) In counties with a population between
50,001 and 100,000 -- 750 dwelling units.
(d) In counties with a population between
100,001 and 250,OW — 1,000 dwelling units.
(e) In counties with a population between
250,001 and 500,000 — 2,000 dwelling units.
(f) In counties with a population in excess of
500,000 — 3,000 dwelling units.
However, any residential development
twenty-five percent of which is located within two
(2) miles or less of a county line shall be treated as if
it were located in the less populous county.
(2) As used in this rule the term "residential
development" shall include but not be limited to:
(a) the subdivision of any land attributable to
common ownership into lots, parcels, units or
interesse, or
(b) land or dwelling units which are pan of a
common plan of rental, advertising, or sale, cr
(c) the construction of residential structure's, or
(d) the establishment of mobile home parks.
(3) As used in this rule the term "dwelling unit"
shall mean a single room or unified combination of
V. 12, P. 58&30
rooms, regardless qr form of ownership, that is
designed for residential use by a single family. This
definition shall inr4Vde, but not be limited to,
condominium units, individual apartments and
individual houses.
(4) For the purpW of this rule the population of
the county shall be tho most recent estimate for that
county, at the tim l of the application for a
development permit.'] he most recent estimate shall
be that determined by the Executive Office of the
Governor pursuant to Section 23.019, Florida
Statutes.
Specific Authority 31A06(2) FS. Law Implemented
380.06, 380.0651 FS, History—New 1141-85,
Transferred from 27F.2.023.
28-24.024 Schog4t,
(1) Subject to Secljon 380.06(2)(d), F. S., the
following developm00t shall be a development of
regional impact:
The proposed construction of any public, private
or proprietary post-wrondary educational campus
which provides for a 4eiign population of more than
three thousand MPOO) full-time equivalent
students, or the propowd physical expansion of any
public, private or proprietary post -secondary
educational campus having such ' ' a design
population, by at legit twenty percent (20%) of the
design population.
(2) As used in this tcction, the term "full-time
equivalent student'? shall mean enrollment for
fifteen (15) quarter hours during a single academic
semester. In area vocational schools or other
institutions which do pot employ semester hours or
quarter hours in accounting for student
participation, enrollntept for eighteen (18) contact
hours shall be considrtW equivalent to one quarter
hour and enrollment for twenty-seven (27) contact
hours shall be conside fat! equivalent to one semester
hour.
Spectre Authority 384(11((2) FS. Law Implemented
380.06; 380.0651 Fj History—Ncw 11.31-85,
Translcmd tram 27F-1.0;4.
28-24.023 Retail, Service, and 'Wholesale
Development. Subject to the provisions of Section
380.06(2)(d), F. S., any proposed retail, service, or
wholesale business 67tablishment or. group of
establishments operated under one common
property ownership, development .plan, or
management that:
(1) Encompasses more than 400,000 ,square feta
of gross area; or
(2) Occupies more than 40 acres of land; or
(3) Provides parking spaces for more, chart 2,500
ars;
shall be a development of regional impact.
Specific Authority JBO.0651(3)(Q FS. Law Implemented
380.06 FS. History—New 11-31-85, Transferred from
17F-2.025.
28-24.026 Hotel or Motel Development.
Subject to Section 380.06(2)(d), F. S., the following
developments shall be It development of regional
impact:
(1) Any proposed hoicl or motel development
CD
0
O
M4
". In" -a"
1
V. 12, p. 5U -30A REGIONAL UU1PACT
that is planned to orate or accommodate 350 or
more units; or
(2) Any proposed hotel or motel development
that is planned to create or accommodate 750 or
more units, in counties with a population greater
than 500,000, and only in geographic arts
t specifically designated as highly suitable for
increased threshold intensity in the approved local
comprehensive plan and the comprehensive
regional policy plan.
Specific A uthonty 380.0651(3)(x) FS. La w lmplemented
380.06 FS. History—New 12-31-85, Transferred from
17F-2026.
28-24.027 Recreational Vehicle
Development- Subject to Section 380.06(2)(d), F.
S., arly proposed recreational vehicle development
planned to create or accommodate 500 or more
spaces shall be a development of regional impact.
Specific Authority 380.0651(3)(h)FS. Lawlmplemtemred
380.06 FS. History—New 12-3145, Translerred from
27F-202;.
41 28-24.028 Multi -Use Development. Subject to
Section 380.06(2)(d), F. S., any proposed
development with two or more land uses under
common ownership, development plan, advertising
or management where the sum of the percentages of
the aooro ate�MiGEolds idena to to
throw 284_.ls or each land use in the
Tcaelo ment is ual to or ter than 130 percent
s all be a eve onment of re6onal tmnact. This
threshold is in addition to, and does not prelude, a
development from being required to undergo
development -of -regional -impact renew under any
other threshold.
Specific Authority 380.0651(3)(i) FS. Law Implemented
380.06 FS. History—New 12.31-85, Transferred from
27F-2028.
28-24.029 Industrial Plants, Industrial Parka
and D6tn-bution, Warehousing or Wholesaling
Facilities. Subject to Section 380.06(2)(d), F.S.,
any proposed industrial, manufacturing, or
processing plant, or distribution, warehousing, or
wholesaling facility, excluding wholesaling
developments which deal primarily with the general
public on-site, under common ownership, or any
proposed industrial, manufacturing, or processing
activity or distribution, warehousing, or
wholesaling activity, excluding wholesaling,
activities which des,l primarily with the general
public on-site, which:
(1) Provides parking for more than 2,500 motor
vehicles; or
(2) Occupies a site greater than 320 acro.
Specific Authority 380.0651(3Xc) FS La w Impkmerited
380.06 FS History—New 7-B-89.
28-24.030 Port Facilities. Subject to Section
380.06(2)(d), F.S., the proposed construction of any
waterpon or marina shall be a development of
regional impact, except one designed for.
(1) The wet storage or mooringpf less than 150
watercraft used exclusively for sport, pleasure, or
commercial fishing. ;
(R• 5/'V)
28-24.032
(2) The dry $storage of less than 200 watercraft
used exclusively fpr sport, pleasure, or commercial
fishing.
(3) The wet or dry storage or mooring of less
than 300 watercraft used exclusively for sport,
pleasure, or commercial fishing in an area
designated by the Governor and Cabinet in the state
marina siting plan as suitable for marina
construction.
(4) The dry storage of las than 300 watercraft
used exclusively for sport, pleasure, or commercial
fishing at a marina constructed and in operation
prior to July 1, 1985.
(5) Any propQtcd marina development with
both wet and dry mooring or storage used
exclusively for Wport, pleasure, or commercial
fishing, where the sum of percentages of the
applicable wet $nd dry mooring or storage
thresholds equals 100 percent. This threshold is in
addition to, and docs not preclude, a development
from being required to undergo dcvelopment of
regional impact review under paragraphs (1), (2),
and (4) of this rule.
Specific Authority 380.0651(3)(e) FS. Law Implemented
380.016 FS. History—New 7-25.89.
28-24.031 Retail and Service Development.
Subject to Scctiorl 380.06(2)(d), F.S., any proposed
retail, service or wholesale business establishment
or group of establishments which deals primarily
with the general pyblie on-site, operated under one
common property ownership, development plan, or
management that;
(1) Encompaua more than 400,000 square feet
of gross area;
(2) Occupies more than 40 acres of land; or
(3) Provides parking spaces for, more than 2,500
tars.
SpedlieAuthority 380.0651(3)(I)FS. Law Implemented
380.06 FS. History—New 7-25-89.
28-24.032 Multi -Use Development. Subject to
Sewon 3 .06(2)(d), F.S., .the ollowing
development shall be a development of regional
impact:
(1) Any propowd development with two or more
land uses where the sum of the percentages of the
appropriate thresholds identified in 28-24.015
through 28-24.017, 28-24.019 through 28-24.021,
28-24.023 through .28-24.024, 28-24.026 through
28-24.027 and 24-24.029 through 28-24.031 for
each land use in the development is equal to or
greater than 145 percent; or
(2) Any propwd development with three or
more land uses, one of which is residential and
contains 100 dwelling units or 15 percent of the
applicable residential threshold, whichever is
greater, where the tum of the percentages of the
appropriate thresholds identified in 28-24.015
through 28.24.017, 28-24.019 through 28-24.021,
28-24.023 throu&h 28-24.024, 28-24.026 through
28-24.027 and 28,24.029 through 28-24.031 for
each land use in the development is equal to or
greater than 160 percent. The thresholds listed in
(1) and (2) of this paragraph are in addition to, and
C>
kDMjNMTRA*n0N c)oSOMSION
28-24.032
do not preclude, a development from being required
to undergo development Of regional 'mP&ct rt -.'c -
under any other threshold.
Spedfic AuthorifY 380.042M, 3W-0651(3) FS (SIIPP'
1988). Law linplementcd 380.06 FS History—New
7.2-5.89.
V. 12, p. 589-30B
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