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The other purpose of this request is to reconfigure the shape of the existing commercial area
<br />boundaries to accommodate expansion of the outlet center. This request is needed to secure the
<br />necessary land use designation and zoning district to develop Subject Property 2 with commercial
<br />uses. In addition to the existing 333,089 square foot outlet center, HGI proposes to construct a
<br />commercial complex containing 200,000 square feet of outlet retail, 120,000 square feet of general
<br />retail, 12 movie screens, 280 hotel rooms, a 9 hole golf course, and 3 acres of recreation/amusement
<br />uses. A portion of that expansion is proposed to occur on Subject Property 2. The entire project
<br />(existing and expansion) is being reviewed as a Development of Regional Impact (DRI). The
<br />proposed DRI Development Order will be considered by the Board of County Commissioners at a
<br />related public hearing on June 2, 1998. The boundaries of the DRI area, depicted on attachment 5,
<br />extend east to I-95 and south more than one quarter of a mile from Subject Property 2.
<br />On January 8, 1998, the Planning and Zoning Commission voted 6 to 0 to recommend that the
<br />Board of County Commissioners approve the proposed land use amendment and rezoning.
<br />On January 27, 1998, the Board of County Commissioners voted 4 to Ito transmit the proposed land
<br />use amendment request to the Florida Department of Community Affairs (DCA) for their review.
<br />The Board of County Commissioners is now to decide whether or not to adopt the requested land
<br />use designation amendment and zoning district amendment.
<br />Although the number of plan amendments that a local government may consider is not limited, the
<br />frequency with which local governments can amend their comprehensive plan is regulated by state
<br />law. According to Florida Statutes, plan amendments are limited to twice per calendar year. For that
<br />reason, the county accepts general plan amendment applications only during the "window" months
<br />of January and July. All requests submitted during each window month are processed
<br />simultaneously. That method ensures that plan amendments will be adopted no more than twice per
<br />calendar year.
<br />State law, however, provides several exceptions to the twice per calendar year limitation. One of
<br />those exceptions is for plan amendments, such as the subject plan amendment request, that are
<br />associated with DRIs. For that reason, the subject request is exempt from the twice per calendar year
<br />adoption limit.
<br />The procedures for reviewing Comprehensive Plan amendments associated with DRIs are the same
<br />as those applied to non -DRI amendments. First, the Planning and Zoning Commission, as the Local
<br />Planning Agency, conducts a public hearing to review the request. The Commission has the option
<br />to recommend approval or denial of the Comprehensive Plan amendment request to the Board of
<br />County Commissioners. Also, the Planning and Zoning Commission may recommend approval of
<br />or deny any associated rezoning request. If the rezoning request is denied, only the land use
<br />amendment request is forwarded to the Board, unless the denial to rezone is appealed.
<br />Following Planning and Zoning Commission action, the Board of County Commissioners conducts
<br />two public hearings. The first of those hearings is for a preliminary decision on the land use
<br />amendment request. At that hearing, the Board determines whether or not the land use amendment
<br />warrants transmittal to DCA for further consideration. A Board of County Commissioners decision
<br />not to transmit the land use amendment to DCA constitutes denial of both the land use amendment
<br />and rezoning requests.
<br />If the land use amendment is transmitted,, DCA conducts a review which includes soliciting
<br />comments from the Treasure Coast Regional Planning Council (TCRPC), several state agencies, and
<br />neighboring local governments. After its review, DCA compiles its objections, if it has any, in an
<br />Objections. Recommendations, and Comments (ORC) Report, and transmits that report to the
<br />county. After staff addresses any issues that were raised in the ORC Report, the second and final
<br />Board of County Commissioners public hearing is conducted. The Board takes final action to
<br />approve or deny the land use amendment and rezoning requests at that time.
<br />The DRI review is conducted by the TCRPC in conjunction with local and state agencies. The focus
<br />of this review is on the environmental, social, economic, and physical impact of the proposed
<br />development on the local and regional area.
<br />Following the TCRPC review and recommendation, the Planning and Zoning Commission reviews
<br />the application and makes a recommendation to the Board of County Commissioners. In this case,
<br />the Planning and Zoning Commission, at its meeting on April 9, 1998, voted 7 to 0 to recommend
<br />approval of the DRI application. After Planning and Zoning Commission review, the Board of
<br />County Commissioners considers the DRI proposal and corresponding draft Development Order
<br />(DO). The DO constitutes an agreement between the county and the developer, and identifies the
<br />necessary improvements and conditions which will govern the overall development. These
<br />improvements and conditions can include factors such as type of buildings, general retail mix,
<br />buffers, parking, and off-site improvements.
<br />JUNE 291998
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