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REVIEW COMMENTS k.,EMORANDUM v....P 12 1979 TO TRB Members DATE September 12, 1979 FILE FROM Mr. Peter L. Cheney City Manager SUBJECT City Planner's Memorandum of 9/7/79 Motorola Please take steps to respond to the request concerning the flow chart at least by the end of the week of September 10, 1979. It is important that we have a clear understanding ourselves of the steps involved for this complicated DRI process and that we let the potential applicant and other review agencies know how we see that the City fits into the total review process. Once this has been established for Motorola, I would hope that we could establish it as a guide that we can give other developers, small or large, to assist them in understanding the steps in our review process. I think such a flow chart or picture would be of great assistance to both the current developers in the City and new developers. rf?J ;1 ~ Peter L. Cheney City Manager PLC:mh cc: vetty Planner, Carmen Annunziato Building Official, Edgar E. Howell Act. Supt. General Services, Freddie Patrick Fire Marshal, Al Nyquist Dir. of Util., Perry Cessna City Engineer, Tom Clark Police Dept., Sgt. Camardella Rec. Dir., Charles Frederick " .' TECHNICAL REVIEW BOARD COr~rnNTS: ~ilding Department vtire Department v€ngineering Department ~ilities Department ~ice Department vASeneral Services ~anning Department i./Recreation & Parks Department _iO NOT GIVE VERBAL ORDERS MEMORANDUM TO Peter Cheney, City JIIlanager DATE. Sept. 13, 1979 f'ILE FHOM Allan Nyquist, Fire Marshal SUBJECT Flow chart for ~otorola October 10, 1979 T.R.P. - Imput: will review water distribution system for main sizes, looping of water mains, and providing fire hydrants. Fire hydrants shall conform to City of poynton Beach Subdivision & Platting Regulation Ord- inance #77-36, Section XVI - Fire Hydrants. October 31, 1979 T.R.B. - Review final site plans of recommendations made on the October 10, 1979 meeting. November 28, 1979 Review the plot plans and make recommendations. December 3, 1979 Review working plans codes, National Fire Codes - current edition, Life Safety Code - current edition, Southern Standard Fldg. Code pertaining to Fire Prevention. G~~ Allan H. Nyquist, Fire Marshal CC: City Planner File Central File M E M 0 RAN DUM September 14, 1979 TO: Mr. Peter L. Cheney, City Hanager FROM: Tom Clark, City Engineer Re: ~otorola Flow Chart SEP 14 \979 In response to your memo of September 9, 1979 please be advised a.s follows: Oct. 3 - The rezoning application should include a drawing and a legal description. Pre-design conferences are desirable with the design engineers. The design engineer should get a copy of Subdivision Regulations and information on City construction standards. (Prints showing City standards are available from the Engineering Department. Design criteria should be discussed.) Nov.21 ~ The preliminary plat must include final construction drawings consistent with the Subdivision Regulations and based on City standards for paving and utility construction. All plans and procedures are to be consistent with the requirements of Section V of the Subdivision Ordinance. The plans should-be sent to the D.E.R. at the time or preferably sooner since the Utility. Director must first review and sign the application for~s for the water and sewer lines. Dec.19 ~ Submission and procedure for final plat are to follow Section VI and VII of the Subdivision Ordinance. The bond required must conform with Ordinance 79-22. Commitments to other regulatory agencies should be documented and presented along with the final plat. Jan. 7 - A land development permit is issued by the City Engineer and pre-construction conferences are held and/or scheduled with all interested or concerned persons attending. A critical path chart should be considered to supplement the bar chart assuming the Motorola people use that type of scheduling. -- v~~-- Tom Clark TAC:mb cc: Carmen Annunziat~' htEMORANDUM TO Chief Noah E. Huddleston DATE 9-13-79 FILE FROM Capt. Edward G. Hillery Jr. SU8JI:CTReview of Motorola Project Flow Chart Sir: I have reviewed the abo~mentioned flow chart and conclude that our participation in the planning as outlined in the chart will be only that of having a rep at the TRB meetings to provide for normal service in such matters. There are no City Ordinances or State Stat- utes that apply to our function at these meetings. To the best of my knowledge we can advise when asked. The dates of the meetings that should be attended are October 10th, 31st and November 28th. Respectfully submitted, Edward G. Hillery Jr. Capt. Boynton Beach P.O. ~.}"...".".'. ....?~'!*.. " ': ',/~ ,~i"':">~ . ~~,.... " ~:~ . ' , ....,.......... .--.-::::::.. ,AEMORANDU^" .0 TRB Members D~T. Sept.ember 12, ~979 JI "Il.l[ "OM ~~. Peter L. Cheney City Manager SUBJI!:CT City Planner" s J.1emorandum of" 9/7 Il.otorola Please take steps to respond to the request conc-erning the flow chart at. least by the end of the week of September 10, 1979. It is important that we have a clear understanding ourselves of the steps involved for this complicated DRI process and that we let the potentia~ applicant and other review agencies know how we see that. the City fits into the total review process. Once this has been established for Motorola, I would hope that. we could establish it as a guide that we can give other developers,sma11 or large, to assist them in, understanding the 'steps in our review process. I think such a flow chart or picture would be of great assistance to both the current developers in the City and new developers. . el ;Z 04.. Peter L. Cheney Ci ty lt~ager PLC:mh cc: Ci ty Planner, Carmen Annunziato Building Official, Edgar, E. Howell Act. Supt. General Services, Freddie Fire Marshal, Al Nyquist Dir. of" Uti1- ,Perry Cessna City Engineer, Tom Clark ~lice Dept., Sgt. Camardella Rec. Dir., Charles Frederick Patrick ''"'' . . . (6) M E M o SEP 2 5 1919 September 15, 1979 TO: Carmen S. Annunziato - City Planner FROM: Freddie Patrick Acting Superintendent General Services SUBJECT: Motorola List of requirements needed by my department to be considered for Motorola organization proceedures. 1. Dumpster location 2. Truck turn around 3. Paving width 4. Truck highth clearance 5. No under ground garbage cans 6. 10 X 10 concrete slab 7. Commercial on cans - should have a can wash out and if a fence with gate present, the City employee not responsible. 8. Commercial on dumpster - concrete slab and if fence with gate owner and/or manager required to open and close gate. The gate will be opened no later than 6:00 AM on scheduled pick up days. The driver is not to open or close gate. ~u~ Freddie Patrick Acting Superintendent General Services FP/lmk : Planning Department Motorola/Flow Chart 9-18-79 The flow chart accompanying this memo provides for 5 individual procedures necessary to accomplish the approval of the Motorola Development by January 7th, 1980. Of these 5 procedures, 3 procedures mainly the DRI/rezoning, platting procedures and site plan procedure require input from the TRB. The 2 remaining procedures are the variance procedure and the building permit procedure which are the administrative responsibility of the Building Official. Concerning this rezoning/DRI procedure, 3 separate areas of law are involved. These are as follows: Rezoning - Section 9 (C) of Appendix A of the BB code; PID - Section 7 of Appendix A of the BB code; DRI - Chapter 380 of the Florida Statutes; The site plan approval procedure regulations can be found in Section ll-A of Appendix A of the BB code, and in Appendix A in general. The Subdivision Regulations appear as Appendix B of the BB code. Submission of material consistent with the noted regulations on the dates noted in the flow chart shown provide ample time for processing. MEMORANDUM SEP 1 7 1979 September 17, 1979 TO: Mr. Carmen Annunziato City Planner RE: Motorola Per your request relative to the flow chart for approval of the Motorola Project, the following is submitted: The rezoning requests and preliminary site plan approval submissions are reviewed during the preliminary T.R.B. meeting relative to: A. Effects such development mayor may not present to existing and/or proposed recreation and park facilities and/or plans within the immediate area. B. Determine if the request submitted is subJect to the Sub-Division Regulations, specifically, Article IX, Section VIII, entitled Parks and Recreation Areas, pertaining to land dedication or fee in lieu of land requirements. If applicable, determination is made as to the applicant's required open space dedication and/or fee in lieu of land based on the formula provided in the Ordinance. This determination is made after review of the City Park and Recreation facilities and plans for the general area, and the applicant's proposed plans. As commercial and industrial rezoning and development requests are not subject to Article IX requirements, Motorola's request would be reviewed only for provisions of Item A above. u:e-L~ - Charles C. Frederick, Director Recreation & Parks Department CCF/as ,.,EMORANDUM TO Honorable Mayor and Council Members Chairman of Planning and Zoning Board Technical Review Board Members DATE 10-5-79 FILE FROM 5UBJECT City Planner Motorola The package which accompanies this memo is the compiled comments of all the TRB members based on the review of the Motorola Flow Chart. It is submitted to you for informational purposes only. t. CSA:pf enc. ~ ~J'. ~ ~-z-- Carmen S. Annunziato, City Planner TECHNICAL REVIEW BOARD COMMENTS . --_._--_.,-----_."~_....."---" - -.-.----- BUILDING DEPARTMENT Pertinent to the above, the following approvals should be installed in your flow chart, prior to submittal of working drawings to the Building Department. Additionally, prefer that these approvals be maintained as soon as possible. Health Department approval for sewer flow; Health Department approval for the cafeteria; Hotel and Restaurant Commission control number for cafeteria; and, Water Management approval for storm water retainage. October 10th, 1979 October 31st, 1979 November 28th,1979 December 3rd, 1979 FIRE DEPARTMENT T.R.B. - Imput: Will review water distribution system for main sizes, looping of water mains, and providing fire hydrants. Fire hydrants shall conform to City of Boynton Beach Subdivision & Platting Regulation Ordinance #77-36, Section XVI - Fire Hydrants. T.R.B. - Review final site plans of recommendations made on the October 10th, 1979 meeting. Review the plot plans and make recommendations. Review working plans codes, National Fire Codes - current edition, Life Safety Code - current edition, Southern Standard Bldg. Code pertaining to Fire Prevention. ENGINEERING DEPARTMENT Oct. 3 - The rezoning application should include a drawing and a legal description. Pre-design conferences are desirable with the design engineers. The design engineer should get a copy of Subdivision Regulations and information on City construction standards. (Prints showing City standards are available from the Engineering Department. Design criteria should be discussed.) Nov.21 - The preliminary plat must include final construction drawings consistent with the Subdivision Regulations and based on City standards for paving and utility construction. All plans and procedures are to be consistent with the requirements of Section V of the Subdivision Ordinance. The plans should be sent to the D.E.R. at the time or preferably sooner since the Utility Director must first review and sign the application forms for the water and sewer lines. Dec.19 - Submission and procedure for final plat are to follow Section VI and VII of the Subdivision Ordinance. The bond required must conform with Ordinance 79-22. Commitments to other regulatory agencies should be documented and presented along with the final plat. Jan. 7 - A land development permit is issued by the City Engineer and pre-construction conferences are held and/or scheduled with all interested or concerned persons attending. A critical path chart should be considered to supplement the bar chart assuming the Motorola people use that type of scheduling. UTILITIES DEPARTMENT MOTOROLA ON-SITE UTILITIES Oct. 8, 1979 Motorola submits to the Utility Department: 1. preliminary on-site plans for water and sewer for review and/or signature. 2. Applications to DER and palm Beach County Health Department signed by the appropriate Motorola officials and engineers, for util- ity Director's signature and addition of applicable information. Oct. 26, 1979 1. Site plans have been reviewed and 'corrected (if necessary) and approved by utility De- partment. 2. Permit applications signed by the utilities Department and returned to Motorola for submission to appropriate agencies. Oct. 29, 1979 Motorola submits applications for permits to DER and Palm Beach County Health Department. Nov. 23, 1979 DER and PBCHD approval received by applicant and utility Department for on-site utilities Nov. 28, 1979 Technical review (TRB) -- on-site plans for utilities along with all other requirements, per city planner's schedule. MOTOROLA OFF-SITE WATER LINES Sept. 18, 1979 Oct. 1, 1979 Oct. 2, 1979 Council Meeting Nov. 1, 1979 Nov. 20, 1979 Nov. 23, 1979 Dec. 3, 1979 Dec. 4, 1979 Council Meeting June 15, 1980 page 2 start conferences with developers to resolve finances and schedules for off-site water line. 1. City has reached an agreement with Mo- torola and/or developers along Congress Avenue on financing of the 16" water line going up Congress to Miner Road, and fro~ Congress to Miner Road over to Seacrest Blvd. 2. Money is escrowed for the 15% of the esti- mated contractor's cost'as required by Ordinance #79-18 for preparation and up- dating of plans and specs to go out for bid. 1. Council approves the agreement between developers on financing. 2. council approves authorization of the en- gineers to prepare plans and specs for bidding. 1. plans and specs completed. 2. Advertisement for bids placed in appro- priate newspapers and magazines. Bids received and review of bids started. 1. Engineers make recommendation of award. 2. city advises developer(s) to escrow money for contract. Money escrowed by developer(s) for cost of lines per bids. Notice to Proceed is given to contractor. Water line completed, tested and accepted by City and ready for connections to developments. MOTOROLA OFF-SITE SEWER LINES page 3 Under the present contracts for lift stations and force mains presently being installed, there is a contingency fund in the amount of $200,000. Inarder to meet a deadline for Motorola to have a sewage force main available along Congress Ave., it is possible, and probable if Council wishes to pursue this, to get a GRANT INCREASE OFFER for enough money to extend the 16" sewer line to a point on Congress Avenue where that portion of it could serve Motorola. The other alternative is to go for the entire pres- sure lines and pumping stations 316 and 319 and se- cure a new grant when funds become available for EPA to distribute sometime between Oct. 1, 1979 and June 15, 1980. The following schedule is based on my assumption that the City would want to secure a grant in- crease offer to get sewer pressure lines up to Motorola in time to meet their schedule. Sept. 18, 1979 Council Meeting 1. Council authorizes engineer to prepare an applica- tion for a grant increase offer for submission to EPA-DER at the earliest possible moment, possibly as early as Sept. 28, 1979, if the engineers can prepare the necessary documentation in that short time. 2. Engineering Department and City Attorney directed to work in coordination with the engineers and utility Department to acquire two (2) pump station sites and easement and/or ROW permits for pressure lines for the two pumping stations. Sept. 28, 1979 Engineers to submit all necessary papers to EPA and DER, so that the City is eligible for the necessary grant offer starting Oct. I, 1979. MOTOROLA OFF-SITE SEWER LINES Sept. 28, 1979 Nov. IS, 1979 Nov. 20, 1979 Council Meeting Nov. 30, 1979 Jan. 15, 1980 Council Meeting June 25, 1980 page 4 1. During the period between sept. 28, 1979 and Nov. 15, 1979, it is anticipated that EPA and DER will review and return all documents. 2. NOTE: NORMAL TURN-AROUND TIME IS 90 DAYS. IT IS ANTICIPATED THAT, ON THIS PROJECT, WE WILL RECEIVE A 45-DAY TURN-AROUND TIME. 1. All easements and ROW problems must be clear and meet EPA requirements before any bidding with EPA funds. 2. city receives a grant increase offer from EPA Council accepts grant offer and authorizes en- gineers to negotiate prices with the present contractor, paul N. Howard Co., for the instal- lation of the line up to Motorola corporation. Negotiations completed with Paul N. Howard Co. and accepted by the city. Necessary papers and documents on the negotiated change order prepared and sent to EPA-DER for review and approval, whic: will take 45 days. Review of documents by EPA and DER completed and approval received by the city for the change orde 1. Council directs engineers to issue a Notice to proceeq per change orde~ to contractor. Force main on Congress Avenue, from SR804 north to the Motorola property, has been tested and ready for use by Motorola. OFF-SITE SEWER FORCE MAINS AND MASTER PUMP STATIONS 316 & 319 page 5 Sept. 18, 1979 Council Meeting 1. Council authorizes engineer to update plans and specs for two (2) pump stations and force mains and to prepare an application for Grant Offer for submission to EPA-DER on Sept. 28, 1979. 2. Engineering Department and city Attorney directed to work in coordination with the en- gineers and utility Department to acquire two (2) pump station sites and easement and/or ROW permits for pressure lines for the two pumping stat Jns. Sept. 28, 1979 Engineers to submit all necessary papers to EPA and DER, so the city is eligible for the neces- sary Grant Offer starting Oct. I, 1979. 1. During the period between Sept. 28, 1979 and Nov. IS, 1979, it is anticipated that EPA and DER will review and return all documents. 2. NOTE: NORMAL TURN-AROUND TIME IS 90 DAYS. IT IS ANTICIPATED THAT, ON THIS PROJECT, WE WILL RECEIVE A 45-DAY TURN-AROUND TIME. Nov. IS, 1979 1. All pump station sites, easements, and/or ROW problems must be clear and meet EPA require- ments before any bidding with EPA funds. 2. City receives a Grant Offer from EPA. All 15 predicated on EPA having funds available in early October 1979 and funding time is from Oct. 1 thru June IS, 1980. This time of Nov- ember IS, 1979, depending on fund availability. Nov. 20, 1979 Council Meeting City Council accepts Grant Offer from EPA and au- thorizes the engineers to advertise for bids. Min- imum bid time for EPA project is 45 days. Jan. 7, 1980 Bids are received~ review of bids by engineer started. OFF-SITE SEWER FORCE MAINS AND MASTER PUMP STATIONS 316 & 319 Page 6 Jan. 14, 1980 Review by engineers completed, and recommendation of award of contract sent to EPA-DER for review and approval. Feb. 5, 1980 Council Meeting Receive EPA approval of recommended award of contract. 1. council formally approves award of contract. Feb. 25, 1980 Notice to Proceed is given to contractor. June 25, 1980 Force main on Congress Avenue, from SR804 north Past the Motorola property, has been laid.and tested so Motorola can connect. Aug. 25, 1980 Entire force main contract is completed. Feb. 25, 1981 Lift station #319 on Lawrence Road and lift sta- tion #316 on Golf Road are completed and o~ra- tional. POLICE DEPARTMENT I have reviewed the above mentioned flow chart and conclude that our participation in the planning as outlined in the chart will be only that of having a rep at the TRB meetings to provide for normal service in such matters. There are no City ordinances or State Statutes that apply to our function at these meetings. To the best of my knowledge we can advise when asked. The dates of the meetings that should be attended are October 10th, October 31st and November 28th. GENERAL SERVICES List of requirements needed by my department to be considered for Motorola organization procedures. 1. Dumpster location; 2. Truck turn-around; 3. Paving width; 4. Truck highth clearance; 5. No under-ground garbage cans; 6. 10 X 10 concrete slab; 7. Commercial on cans - should have a can wash out and if a fence with gate present, the City employee not responsible; 8. Commercial on dumpster - concrete slab and if fence with gate owner and/or manager required to open and close gate. The gate will be opened no later than 6:00 A.M. on scheduled pick-up days. The driver is not to open or close gate. PLANNING DEPARTMENT The flow chart accompanying this memo provides for 5 individual procedures necessary to accomplish the approval of the Motorola Development by January 7th, 1980. Of these 5 procedures, 3 procedures mainly the DRI/rezoning, platting procedures and site plan procedure require input from the TRB. The 2 remaining procedures are the variance procedure and the building permit procedure which are the administrative responsibility of the Building Official. Concerning this rezoning/DRI procedure, 3 separate areas of law are involved. These are as follows: Rezoning - Section 9 (C) of Appendix A of the BB code; PID - Section 7 of Appendix A of the BB code; DRI - Chapter 380 of the Florida Statutes; The site plan approval procedure regulations can be found in Section ll-A of Appendix A of the BB code, and in Appendix A in general. The Subdivision Regulations appear as Appendix B of the BB code. Submission of material consistent with the noted regulations on the dates noted in the flow chart shown provide ample time for processing. See three attachments. Page 3S SECTION 9 - Adminis tration and EnforeceJTEI1t A. Building Permits Required No structure or building shall hereinafter be erected or structurally altered nntil a building permit has been issued by the Building Official. All buildings, structures, and uses of land shall canply with the regula- tions of this ordinance and with all applicable building and health la-J's and ordinances. Each application for a building penni t shall be accorrpanied by a survey in duplicate, drawn to scale, shCNling the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or structurally altered, its location on the lot or lots, and such other information as rray be required as to provide for the enfor- ITEnt of these regulatior1s. B. Certificate of Occupancy No building or structure hereafter erected or structurally altered shall be issued a Certificate of Occupancy illltil the Building Official TIBkes a finding that the building or structure has been erected or structur- ally altered in conform:mce with the provisions of this Ordinance and of all other applicable ordinances. C. District Boundary Changes ~ZEnliigJ Every application for rezoning involving changes in district bOillldaries shall be accompanied by a fee of Three Hundred Dollcu:'s ($300.00) ::md shall include the follCNling: 1. A staterrent of the applicant's interest in the property to be rezoned, including a ropy of the last recorded Warranty teed; and n a. If Joint and Several CMnershiDS: a written consent to the ~ rezonlIlg petition by all cwners of record, or b. If a Contract: purchase rontract and written consent of the seller/a.-mer, or c. If an Authorized Agent: a copy of the agency agreerrent, or wri tten consent of t~e pr:incipall cwner, or d. If a lessee: a ropy of the lease agreeme::1t and written ronsent of the CNmer, or e. If a Corporation or Other Business Entity: the nane of theottlcer or person responslble tor the application and written pruof that said representative has me delegated authority to represent the corporation or other business entity, or in lieu page 36 Sectirn 9 - continue... thereof, written pIlX)f that he lS 111 fact an officer of the CX)rporaticn . 2. A certified boundary sketch by a surveyor registered in the State of Dorida at a scale prescribed by the Building Official CX)ntain- ing the follCMTing: a. M accurate legal description of the property to be rezonec. b. A conputatirn of me total acreage of the tract to the near- est tenth of an ac::r>e. 3. A CX)rrplete certified list of all property o..mers, nailing add:r€sses; and legal descriptions for all properties wi thin at least four hund- red (400) feet of the sUbject parcel as recorded in the latest official tax rolls in the County Court House shall be fill'Ilished by the applicant. Such list shall be aCCDmpanied by an affidavit stating that to the best of me applicant's knCMTledge said list is romplete and accurate. Notification shall be given to all persons roncerned as defined in Olapter 163 of the Florida Statutes. f 4. The applicant I s location rrap shCNJing the locations of all proper- ties referred to in ParBgraph three (3) above, and their relation to the applicant:'s subject parcel. 5. A stat:enP-Tlt by the applicant of the rrajor planning assumptions and Objectives of the development project including but not limited to: a. IevelopITEnt b. Projected Population c. P:roposed Timing and Stages of Ieveloprrent d. P:ropcsed Ownership and Form of Organization t:o V,aint:ain ComrrDn and Open Space Facilities e. Proposed density of land use for each developIIEnt parcel as well as the gross and net densities of the total project. f. Official Soil Conservation Service soil classification by soil associations and 2.:'tas subject to inundation and high ground water levels. Page 37' Section 9 - conLinued 6. hly of the follewing as required by the Planning and Zoning Boaro and! or the City CmIDcil: a. A written comnitrrent to the provisions of all necessary facili- ties and systerrs for storm drainage, water supply, sewage treabrent, solid waste disposal, fire protection, r€creational and park areas, school sites, and other public irrproveJrents as JTBY be required. b. A traffic impact analysis of projected trip generation for the developrrent. c. A drawing of proposed fencing, scn=emng and landscaping. d. Proposed location, direction and type of outdoor lighting. e. Existing and proposed grade elevations. f. iDeation of wooded areas and existing or proposed water bodies. g. vThen:: the applicant ",Tishes to develop the project :in mCD2rrental stages, a site plan indicating proposed ultirrBte developrrent shall be presented for approval of the enti~ parcel. PrDposed developrrent phases shall be nurrbered in sequence. 7. The recoJl'IIeI1dation of the Plarulmg and Zoning Board and the approval by City Council shall becorre null and void in the event the appli- cant, his heirs or assigns abandons or deviates frDm the provisions or conditions as approved, or fails to file the first plat \o.,Tithin twelve (12) rronms or within any extension authorized. 8. Up:m denial of an application for rezoning, in whole or in part, a period of twelve (12) m::mths 1ffi.lSt elapse before the application rray be refiled. Page 31 SECTION 7 ~J:lAN?i~ ~~.1UAl.:;.O~~NTrp~......~:"{uC~ (1) INTENT AND PURPOSE A Planned Industrial Development District (PID) is established. The purpose of this district is to provide a zoning classification for light industrial development that will better satisfy current demands for light industrial zoned lands by encouraging development which will reflect changes in the technology of land development and relate the development of land to the specific site and to conserve natural amenities. Regulations for the PID are intended to accomplish a more desirab] environment for industrial development in relation to existing and/or future city development, permit economies in providing public services, allow for economies of scale in industrial development, and to promote the public health, safety, convenience, welfare and good government of the City of Boynton Beach. ~ (2) DEFINITION A "planned industrial development" (A) Is land under unified control, planned and developed as a whole in a single development operation or an approved programmed series of development operations for industrial buildings and related uses and facilities; (B) Provides for an industrial district of efficient and harmonious design so arranged as to create an attractive project readily integrated with and having no adverse effect on adjoining or surrounding areas and developments; - _._~---.._-_..._."----_.._------~-_._-_. -------....--- ~eC,-":"UIl I - LUll L-LJ,UeU (C) Is developed _~cording to comprehensivt. ~nd detailed plans for streets, utilities, lots, building sites etc., and site plans, floor plans, and elevations for all build- ings intended to be located, constructed, used, and related to one another, and detailed plans for other uses and im- provements on the land related to the buildings; and (D) Includes a program for full provision, maintenance, and operation of such areas, improvements, facilities, and services for common use by the occupants of the PID, but will not be provided, operated, or maintained at public expense. (3) MINIMUM LAND AREA FOR PID (A) The minimum land area for a planned industrial development shall be twenty-five (25) contiguous acres. (4) UNIFIED CONTROL All land included for purpose of development within district shall be under the control of the applicant (an individual, partnership or corporation or group of individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area with- in the proposed PID. The applicant shall agree to: (A) Proceed with the proposed development according to the provisions of those zoning regulations and conditions attached to the zoning of the land to prD; (B) Provide agreements, contracts, deed restrictions, and Sectlon I - con~~nueu sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to PIO and for continuing operations and main- tenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expense; and (C) Bind their successors in title to any commitments made under (a) and (b) above. All agreements and evidence of unified control shall be examined by the City Attorney and no zoning of land to PID classification shall be adopted without a certification by the city Attorney that such agree- ments and evidence of unified control meet the requirements of these zoning regulations. (5) USES PERMITTED In the PIO, a building with its usual accessories may be erected or altered for any legitimate business, trade or industrial uses, pro- vided that such use is not obnoxious by reason of the emission of odor, dust, smoke, fumes, gas or noise. And further, that such use is de- termined by the Planning and Zoning Board to be harmonious with the intent of this section and in no way endangers the public health, safety or general welfare. In certain instances, outdoor storage of materials will be permitted when it is determined by the Planning and Zoning Board that proper screening and fencing have been provided, but in no instance may outdoor storage exceed 15% of the total square footage of the site. (6) USES PROHIBITED (A) Residential uses with the exception of accessory hotels or E...age 31 c Section 7 continued motels (B) Acid manufacture (C) Cement and/or lime manufacture or processing (D) Lumber yards (E) Asphalt and tar plants (F) Manufacture or storage of explosives (G) Packing plants, canning plants or slaughter'yards (H) Petroleum storage, refining or transfer (I) Stockyards (J) Rendering plants or glue works (K) Pulp or paper mills (L) Parking of house trailers and use of such trailers as living quarters (M) Chemical plants (N) Fertilizer manufacturing and/or distribution (0) Crematoriums (P) Dyeing plants (0) Junk and salvage yards (R) Sanitary landfill operations (5) Smelting and casting operations (except investment type casting) (T) Concrete mixing plants :( (7) LOCATIONAL STANDARDS FOR PID'S In reaching recommendations and decisions as to zonlng land to ~ID, the Planning and Zoning Board and the governing body shall apply the following locational standards, in addition to the standards applicable to the rezoning of land 'generally: Section 7 - continued (A) Relation to major transportation facilities, A PID shall be so located with respect to major roadways or other transportation facilities as to provide direct access to it without creating or generating traffic along streets in residential areas or districts outside it. (B) Extensions of City maintained water lines, sewer lines, pumping stations, streets and storm sewers, etc., shall be constructed at no expense to the City and all such con- struction shall be in accordance with City ordinances and specifications. (C) Physical character of the site. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or incon- veniences. Condition of the soil, groundwater level, drainage and topography shall all be appropriate to both kind and pat- tern of use intended. (8) DESIGN CRITERIA (A) Paving All interior paving shall comply with specifications and standards set forth and subject to the approval of the City Engineer. (B) Off Street Parking One and one-half (l~) parking spaces shall be provided for each two (2) employees on a maximum shift. In addition, visitor parking shall be provided which is deemed adequate to serve the needs of the par- ticular use by the Planning and Zoning Board. ,.-~.__.,~.--_..._-_....,-~---------~-_. Section 7 continued Page 31 e (C) Accessways In the interest of _public safety, no more than two (2) accessways shall be permitted on to any single per- imeter public right-of-way and interior accessways shall be limited to no more than two (2) . per, developable parcel and interior accessways shall be located no closer than one hundred and fifty (150) feet from centerline to centerline. (D) Hotel and Motel Density Permitted density for hotel and motel development shall not exceed twenty (20) units per acre. (E) utility Transmission Lines, etc. All utility transmission lines, conduits, conveyances or other devices or apparatus for the transmission of utility services and products, including all franchised utilities, shall be constucted and installed beneath the surface of the ground with the exception of main overhead feeder lines. Appurtenances to these systems which require above ground installation shall be effectively screened, and thereby, may be excepted from this requirement. (F) Solid Waste and Refuse Disposal Plans for solid waste and refuse disposal shall conform to and be approved by the City and County Health Departments. (G) Sanitary Sewage System Sewage system will be furnished and installed in accordance with city standards and other pertinent city ordinances. (H) Public Water System for both Domestic Use and Fire Protection Water systems must be installed in accordance with city standards and other pertinent city ordinances. Section 7 continued Page 31 f (I) Storm Water System When approved positive drainage is not available, on site containment of storm water run-off shall be provided by the developer. Details of the on site system shall be approved by the City Engineer. (J) Access to Perform Necessary Public Services The developer and/or owner shall dedicate to City any easement that City deems necessary for public services and said dedication shall provide that dev.eloper and/or owner shall hold City harmless for any of its acts performed within or abutting said ease- ments if any loss or damage is caused to abutting property. (K) Off-Street Loading In no instance shall off-street loading facilities front on a public right-of-way and in no event shall these facilities be located within eyesight of a residential district. (L) Plot Coverage The gross floor area of the building and its accessory structures shall not exceed sixty (60) percent of the plot on which it is constructed. (M) Open Space Each plot to be developed shall contain a min- imum of twenty (20) percent unobstructed, nonvehicular open space. All open portions of any lot shall have adequate grading and drainage, and shall be continuously maintained in a dust free condition by suitable landscaping with trees, shrubs, or plant- ed ground cover. The design of such landscaping and the measures taken to insure its maintenance shall be subject to the approval of the Planning and Zoning Board and the Community Appearance Board. section 7 continued Page 31 g (N) Maximum Building Height No building or appurtenances thereof shall exceed forty-five (45) feet in height. (0) Distance Between Buildings No building shall be con- structed closer than twenty-five (25) feet to another principal building on the same lot or parcel of land. (P) District Setbacks Front - 30 feet, side - 20 feet, rear - 30 feet. (0) Peripheral Greenbelt The project area shall be enclosed on all sides with the exception of accessways for traffic and freight by a landscaped area with a minimum width of twenty-five (25) feet except when such property abuts a residential district such greenbelt shall have a minimum width of forty (40) feet. It shall be the responsibility of the owner or developer to carry out this requirement, and to provide such maintenance or guarantee of maintenance - subject to Planning and Zoning Board and Community Appearance Board approval. (9) PROCEDURES FOR ZONING LAND TO PID The procedure for zoning land to the PID classification shall , be the same as for zoning land generally. Because of the differences in PID developments and the concept of unified control in development, the following procedures and requirements shall apply to applications for zoning to the PID classification in addition to the general re- quirements. (A) Applications; materials to be submitted. In addition to information required for application for zoning generally, the applicant shall submit the following materials or data: Section 7 continued Page 31 h 1. Legal documents assuring unified control of the proposed PID and the agreements required under subsection (D). 2. A master site development plan containing: a. The title of the project and the names of the pro- fessional project planner and the developer; b. Scale, date, north arrow, and general location map; c. Boundaries of the property involved, all existing streets, buildings, water courses, easements, section lines, and other existing important physical features in and adjoining the project. d. Site plan of locations of land uses including but not limited to industrial areas, greenbelts and proposed rights-of-way; e. Master plan showing access and traffic flow; and, f. Tabulations of total gross acreage in the development and the percentages thereof to be devoted to the various land uses. (10) PLANNING AND ZONING BOARD FINDINGS After a Public Hearing, the Planning and zoning Board may recommend to the governing body that the PID zoning be granted, subject to stated stipulations and conditions, or disapproved. In making its recommendations, the Planning and Zoning Board shall find that the plans, maps, and documents submitted by the applicant and presented at the Public Hearing do or do not establish that the applicant has met the Section 7 continued requirements of subsection, \1) of these regulations ~~plicable to zoning generally, and in addition: (A) The requirements of unified control and agreement set out in subsection (D) i (B) The locational standards set out in subsection (G)i (e) The internal PID standards set out in subsection (H)i (D) The tract for the proposed PID is suitable in terms of its relationships to the city comprehensive plan and that the area surrounding the proposed PID can continue to be developed in coordination and substantial compatibility with the PID proposed. (11) CONDITIONS AND STIPULATIONS In recommending zoning of land to PID classification, the planning and zoning Board may recommend and the governing body may attach suit- able conditions, safeguards, and stipulations, in accord with standards set out in these zoning regulations and in this section. The conditions, safeguards, and stipulations so made at the time of zoning to prD shall be binding upon the applicant or his successors in interest. Deviations from approved plans except in the manner herein set out or failure to comply with any requ~rement, condition, or safeguard, shall constitute a violation of these zoning regulations. It is intended that no conditions, safeguards, or stipulations be required which are not within the standards set out in these zoning regulations and in this section and that conditions, safeguards, and stipulations be clearly related to the ends and objectives of these zoning regulations and this section. Section 7 continued (12) TIME LIMIT The City Council approval of zoning of lands to PID shall be in effect for eighteen (18) months. If the developer has not commenced platting procedures within this time period, the ,approval of the zoning and master plan shall lapse and the zoning on the land shall revert to original zoning. At its discretion and for good cause, the City Council may extend for one (1) additional year the period for commencing platting procedures. (13) PLATTING, SITE DEVELOPMENT PLANS AND BUILDING PERMITS (A) Platting Following the zoning of land to PID, plans and engineering drawings shall be submitted to the city in accordance with procedures established in City Ordinances of the City Code. The proposed plat shall be in substantial com- pliance with the approved master development plan submitted as part of the application for zoning to PID. Phasing of the de- velopment of the PID shall be permitted if the proposed plates) provid~for reasonable continued development in accordance with the approved master plan. (B) Site Development Plans Site development plans shall be submitted ,in seven (7) copies along with an application provided by the City Planner and a fee of one hundred (100) dollars for each parcel of land the applicant proposes to develop. These site development plans shall include but not be limited to the data and materials required in Chapter 31-2 (8) of the city code. Further more, these site devel- opment plans shall reflect the design criteria cited ln Section (h) above. Section 7 continued (C) Permits No building permits shall be issued unless and until platting procedures and the requirements outlined in Chapters 31-2 and 31-3 of the City code are completed in every respect. (14) CHANGES IN PLANS Changes in plans approved as a part of the zoning to PID may be permitted by the planning and Zoning Board upon application by the developer or his successors in interest, but only a finding that any such change or changes are in accord with all regulations in effect when the change or changes are requested and the intent and purpose of the comprehensive plan in effect at the time of the pro- posed change. Substantial changes other than those indicated shall be processed as for a new application for PID zoning. The determination of what constitutes a substantial change shall be within the sole discretion of the City Council. (15) ZONING ADMINISTRATOR Building permits. No building permit or certificate of occupancy or zoning compliance shall be issued in or for development in a PID district except in conformity with all provisions of the zoning to PID classificatioffiand plans submitted under subsection (M) of these zoning regulations. \..-'h. 380 ENVIRONMENTAL LAND AND WATER MANAGEMENT Ch. 3 States, whereby the state wiII contribute toward the cost of B program of acquisition of land and water areas and related rights and interests within the area proposed as the Federal Big Cypress National Preserve, Florida. It is the intent of the Legislature that the Governor and the cabinet begin immediate- ly an acquisition program within the area proposed as the Federal Big Cypress National Preserve, Flori- da, on behalf of the state pending action by the Gov- ernment of the United States in the Big Cypress Area, (b) The Governor and cabinet shall set aside from the proceeds of the full faith and credit bonds au- thorized by the Land Conservation Act of 1972, or from other funds authorized, appropriated, or allo- cated for the acquisition of environmentally endan- gered lands, or from both sources, $40 million for acquisition of the area proposed as the Federal Big Cypress National Preserve, Florida, or portions thereof. (c) The Governor and cabinet are empowered to acquire land and water areas within the Federal Big Cypress National Preserve, Florida, created by Pub- lic Law 93-440, in order to conserve and protect the natural resources and scenic beauty therein and to donate and convey title in land and water areas so acquired or currently owned by the state to the Gov- ernment of the United States or its agency upon the expenditure by the United States of an amount of federal funds at least equal to the acquisition cost of the land and water areas donated by the state. The intent of this condition for the donation ofland and water areas by the state is to insure that the invest- ment of federal funds in the acquisition of land and water areas for the Big Cypress National Preserve will be not less than the investment of state funds in the land and water areas so donated. In making such acquisitions, the Governor and cabinet shall give pri- ority to those land and water areas within the area proposed as the Federal Big Cypress National Pre- serve, Florida, which are essential to the integrity of the environment, the destruction of which would cause irreparable damage to the Everglades Nation- al Park, the estuarine fisheries of South Florida, or the underlying freshwater aquifer. (6) FUNCTION OF WATER MANAGEMENT DISTRICT.-It is the finding of the Legislature that the Big Cypress Area, as a water storage and re- charge area, is an integral part of the water re, sources of any water management district of which the Big Cypress Area is or may be a part. It is the legislative intent that there be close cooperation and coordination of efforts between the water manage- ment district and the Department of Natural Re- sources in carrying out the intent and purposes of this section. The Governor and cabinet as head of the Department of Natural Resources are authorized to delegate to the water management district, or to a board therein, any power authorized in this section to be exercised by the department, and the district or basin is authorized to accept the powers delegated to it and shall have the power and duty to carry out the intent and purposes of this section to the fullest ex- tent possible within its capabilities and resources. (7) EMINENT DOMAIN WITHIN BIG CY- PRESS AREA,-The Governor and cabinet as the head of the Department of Natural Resources a empowered and authorized to acquire by the eXE ciBe of the power of eminent domain any land water areas and related resources and property, ar any and all rights, title and interest in such land I water areas and related resources and other prope ty, lying within the boundaries of the Big Cypre Area, The Legislature finds that the exercise of tl power of eminent domain within the Big Cyprel Area to accomplish the purposes of this section necessary and for a public purpose. ' (8) INDIAN RIGHTS.-Notwithstanding an provision of this section to the contrary, members ( the Miccosukee Tribe ofIndians of Florida and men bers of the Seminole Tribe of Florida may continu their usual and customary use and occupancv 0 lands and waters within the Big Cypress Area, in eluding hunting, fishing, and trapping on a subsist ence basis and traditional tribal ceremonials. N'oth ing in this section shall be construed to deny Or irn p~r, or authorize the denial or impairment, of an) nghts granted by or pursuant to chapter 285 relatiVE to Indian reservation and affairs, and the lands oj the Seminole Tribe of Florida and ofthe Miccosukee Tribe ofIndians of Florida, as described in s. 285.061 0), shall be excluded from the Big Cypress Area as defmed in this section. HioU>ry'._, ]-5, ch, 73.]31; ., 1. ch, 75-175, 'Note.-See s, 15, ch, 7&22, which abolished the Board of Trust.eea of u.. Internal Improvement Trust Fund by merging it mtv the Depe.rtl:>e.oI of NatuTal Resources and transferring tv that department all functions not tran. (erred eJ.ewhere by that act, and whicb effectively abolished the ln~:r.L Improvement Trust Fund by transferring all uncommitted balance> Cld al future revenue. tv the Land Acquisition Trust Fund, Also Bee .. 10, cb. 7:'22. transferring all functiollS of the board relating tv the issuance of pen:::lI., certificates, licenses, exemptions, and enforcement pUlliuant to ch. 253 to tbt Department of Environmental Regulation, 380.06 l);;eIopinen"GJ>fJ~Q.p.arun1iacfJ- (1) "Development of regional impact;' as used in this section, means any development which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or wel- fare of citizens of more than one county. (2Xa) The state land planning agency shall rec- ommend to the Administration Commission specific guidelines and standards for adoption pursuant to this subsection. The Administration Commission shall by rule adopt guidelines and standards to be used in determining whether particular develoJr ments shall be presumed to be of regional impact Such guidelines and standards shall be subject to legislative review as provided in s. 380,l()(2j, In adopting its guidelines and standards, the Adminis- tration Commission shall consider and be guided by: L The extent to which the development would create or alleviate environmental problems such Il5 air or water pollution or noise. 2. The amount of pedestrian or vehicular traffic likely to be generated. 3. The number of persons likely to be residents, employees, or otherwise present. 4. The size of the site to be occupied, 5. The likelihood that additional or subsidiary development will be generated. ' 6. The extent to which the development would create an additional demand for, or additional use of, energy, including the energy requirements of sub sid- iar)' developments, 2042 ENVIRONMENTAL LAND AND WATER MANAGEMENT Ch, 380 Ch, 380 7, The unique qualities of particular areas of the state. (b) Any modifications to the initial guidelines and standards prescribed pursuant to this subsec- tion shall not modify or abridge rights that have vested pursuant to subsection (12) or development of regional impact status determinations acquired through executed agreements or binding letters is- sued pursuant to this section, upon which the deve- loper has relied and 2[upon the basis of which he has] changed his position prior to the effective date of such rules. (3) Each regional planning agency may recom- mend to the state land planning agency from time to time types of development for designation as devel- opments of regional impact under subsection (2). Each regional planning agency shall solicit from the local governments within its jurisdiction suggestions regarding developments to be recommended. (4)(a) If any developer is in doubt whether his proposed development would be a development of regional impact, whether his rights have vested pur- suant to subsection (12), or whether a proposed sub- stantial change to a development of regional impact 2[concerning which rights had] previously vested pursuant to subsection (12) would divest such rights, he may request a determination from the state land planning agency, Within 60 days of the receipt of such request, the state land planning agency shall issue a binding letter of interpretation with respect to the proposed development. Binding letters of in- terpretation issued by the state land planning agen- cy shall bind all state, regional, and local agencies, as well as the developer. (b) In determining whether a proposed substan- tial change to a 3[development of regional impact concerning which rights had previously vested pur- Suant to subsection (12) would divest such rights], the state land planning agency shall review the pro- posed change within the context of: 1. Its conformance with any adopted state com- prehensive plan and any rules of the state land plan- ning agency; 2. All rights and obligations arising out of the vested status of such development; 3. Permit conditions or requirements imposed by the Department of Environmental Regulation, the Department of Natural Resources, or any water management district created by s. 373.069, or any of their successor agencies or any appropriate federal regulatory agency; and 4. Any regional impacts arising from the pro- POsed change, (cl If a proposed substantial change to a develop- ment of regional impact 2[concerning which rights had] previously vested pursuant to subsection (12) Would result in reduced regional impacts, the change shall not divest rights to complete the development PUrsuant to subsection (12). (d) Requests for determinations made pursuant to this subsection shall be in writing and in such form as prescribed by the state land planning agen- !:y. (5) A developer may undertake a development of regional impact if: (a) The land on which the development is pro- posed is within the jurisdiction ofa local government that has adopted a zoning ordinance under chapter 163 or under appropriate special or local laws or ordinances and the development has been approved under the requirements of this section; (b) The land on which the development is pro- posed is within an area of critical state concern and the development has been approved under the re- quirements of s, 380.05; or (c) The developer has given written notice to the state land planning agency and to any local govern- ment having jurisdiction to adopt zoning or subdivi- sion regulations for the area in which the develop- ment is proposed and, after 90 days have passed, no zoning or subdivision regulations have been adopted or designation of area of critical state concern issued. (6) If the development of regional impact is to be located within the jurisdiction ofa local government that has adopted a zoning ordinance, the developer shall file an application for development approval with the appropriate local government having juris- diction. The application shall contain, in addition to such other matters as may be required, a statement that the developer proposes to undertake a develop- ment of regional impact as defined under this sec- tion. (7) The appropriate local government shall give notice and hold a hearing on the application in the same manner as for a rezoning as provided under the appropriate special or local law or ordinance and shall comply with the following additional require- ments: (a) The notice of hearing shall state that the pro- posed development would be a development of re- gional impact. However, in no case shall the appro- priate local government issue notice of public hear- ing until the appropriate regional planning agency provides written notice that the application for de- velopment approval contains sufficient information for the regional planning agency to discharge its re- sponsibilities under subsection (8) or that any addi- tional information requested will not be supplied by the applicant. A public hearing date shall be set by the appropriate local government at the next sched- uled meeting. (b) Ifa regional planning agency determines that the application is insufficient, it shall provide in writing to the appropriate local government and the applicant a statement of any additional information desired within 15 working days of the receipt ofthe application by the regional planning agency. The applicant may supply the information requested by the regional planning agency and shall communi- cate 4[its intention to do so] in writing to the appro- priate local government and the regional planning agency within 5 working days of the receipt of the statement requesting such information, or the appli- cant shall notify the appropriate local government and the regional planning agency in writing that the requested information will not be supplied, (c) The notice shall be published and given in the usual manner, but at least 60 days in advance of the hearing. Cd) The notice shall be given to the state land planning agency, to the applicable regional planning agency, and to such other persons as may have been 2043 Ch. 380 ENVIRONMENTAL LAND AND WATER MANAGEMENT Ch.3& designated by the state land planning agency as enti- tled to receive such notices. (e) The appropriate local government shall render a decision on the application within 30 days after the hearing, unless an extension is requested by the developer. The development order shall ill" elude findings of fact and conclusions oflaw consist- ent with subsection (11). (f) When a development of regional impact is pro- posed within the jurisdiction of more than one local government, the local governments, at the request of the developer, may hold a joint public hearing. (g) If a developer proposes any change to a devel- opment of regional impact previously approved pur- suant to this section, the local government may, without waiving the right to injunctive reliefunder s. 380,11, require further review consistent with lo- cal procedures. The approved development of region- al impact shall not be subject to further review pur- suant to this section unless the local government finds a substantial deviation from the terms of the original development order. As used in this section, "substantial deviation" means any change to the previously approved development ofregional impact which creates a reasonable likelihood of additional adverse regional impact or any other regional im- pact created by the change, not previously reviewed by the regional planning agency. (h) In determining whether a development ofre- gional impact previously approved pursuant to this section is subject to further review pursuant to this section, the local government shall consider the fol- lowing changes which shall be presumed not to be substantial deviations requiring further review: 1. An increase in the number of dwelling units of not more than 5 percent or 200 dwelling units, whichever is less; 2, A decrease in the number of dwelling units which does not require a major redistribution of den- sity; 3. A decrease in the area set aside for common open space of not more than 5 percent or 50 acres, whichever is less; 4. An increase in the area set aside for common open space; 5. An increase in the floor area proposed for non- residential use of not more than 5 percent or 10,000 square feet, whichever is less; 6. A decrease in the regional impact of the devel- opment, as approved in the local government order; 7. A change required by permit conditions or re- quirements imposed by the Department of Environ- mental Regulation, the Department of Natural Re- sources, or any water management district created by s. 373.069, or any l[of) their successor agencies, or any appropriate federal regulatory agency. (i) Unless the presumptions set forth in para- graph (h) are rebutted by clear and comtincing evi- dence offered by the moving party, the development shall not be subject to further development of region- al impact review pursuant to this section, The appro- priate local government shall afford a reasonable opportunity for a developer or other substantially affected party to present evidence to support or re- but such presumptions, (8) Within 50 days after receipt of the notice re- quired in paragraph (7)(d), the regional plan . agency, if one has been designated for the area~ eluding the local government, shall prepare and sub mit to the local government a report and recommen dations on the regional impact of the proposed devel opment. The regional planning agency shall affon the developer or any substantially affected partl reasonable opportunity to present evidence to th; agency head relating to the proposed regional agen cy report and recommendations. In preparing its re port and recommendations, the regional pl~ agency shall consider whether, and the extent t.c which: (a) The development will have a favorable or un favorable impact on the environment and natura: resources of the region. (b) The development will have a favorable or un favorable impact on the economy of the region. (c) The development will efficiently use or undu- ly burden water, sewer, solid waste disposal, or otheJ necessary public facilities. (d) The development will efficiently use or undu, ly burden public transportation facilities. (e) The development will favorably or adversely affect the ability of people to find adequate hous~ reasonably accessible to their places of employment (0 The development complies with such other criteria for determining regional impact as the re- gional planning agency shall deem appropriate, in. cluding, but not limited to, the extent to which the development would create an additional demand (or, or additional use of, energy, provided such criteria and related policies have been adopted by the region- al planning agency pursuant to s. 120,54. (9) The state land planning agency shall prinl biweekly, and mail to any person upon payment 0: a reasonable charge to cover costs of preparation ane mailing, a list of all notices of applications for devel opments of regional impact that have been filed witl the state land planning agency. . (10) If the development is in an area of critics state concern, the local government shall approve i only ifit complies with the land development regul! tions therefor under s. 380.05. (ll) If the development is not located in an are of critical state concern, in considering whether th development shall be approved, denied, or approve subject to conditions, restrictions, or limitations, Li local government shall consider whether, and tlJ extent to which: (a) The development unreasonably interfen with the achievement of the objectives ofan adopu state land development plan applicable to the are (b) The development is consistent with the loe land development regulations; and (c) The development is consistent with the repo and recommendations ofthe regional planning age cy submitted pursuant to subsection (8) of this ~ tion. (12) Nothing in this section shall limit or moeL the rights of any person to complete any deve)( ment that has been authorized by registration 0' subdivision pursuant to chapter 478, by recordat: pursuant to local subdivision plat law, or by B bUl ing permit or other authorization to commen~ ' velopment on which there has been reliance ani 2044 --------------~.-~---_. ------ ENVIRONMENTAL LAND AND WATER MANAGEMENT Ch. 380 Ch, 380 change of position, and which registration or recor- dation was accomplished, or which permit or author- ization was issued, prior to the effective date of the rules issued by the Administration Commission pur- suant to subsection (2), If a developer has, by his actions in reliance on prior regulations, obtained vested or other legal rights that in law would bave prevented a local government from changing those regulations in a way adverse to his 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 subdivision plat by formal vote of a county or municipal governmental body having jurisdiction af- ter August 1, 1967, and prior to July 1, 1973, shall be 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 govern- mental approval shall be required for vesting to take place. (b) For the purpose of this act the conveyance 2[of,] or agreement to convey, property to the county, state, or local government as a prerequisite to zoning change approval shall be construed as an act ofreli- ance to vest rights as determined under this subsec- tion, provided such zoning change is actually grant- ed by such government. (13Xa) If a development project includes two or more developments of regional impact, a developer may me a comprehensive development of regional impact application. (b) If a proposed development is planned for de- velopment over an extended period oftime, the devel- oper may me an application for master develop- ment approval of the project and agree to present subsequent increments of the development for pre- construction review. This agreement shall be en- tered into by the developer, the regional planning agency, and the appropriate local government hav- ing jurisdiction. (C) The state land planning agency, by rule, shall establish uniform procedures to implement this sub- section. (14Xa) The state land planning agency shall adopt rules to insure uniform procedural review of developments of regional impact by the state land Planning agency and regional planning agencies PUrsuant to this section, These rules shall be adopted pursuant to chapter 120 and shall include all forms, application content, and review guidelines necessary ~ implement developments of regional impact re- Vlew, (b) Regional planning agencies shall be subject to rules adopted by the state land planning agency; h?-:vever, a regional planning agency mz.y adopt ad- ditIOnal rules not inconsistent with rules adopted by the state land planning agency, to promote efficient ~v:iew of developments of regional impact applica- tions, Regional planning agency rules shall be adopt- ed PUrsuant to chapter 120. (}5) Any proposed hospital which has a designed capacity of not more than 100 beds is exempt from the provisions of this section. History.-&. 6. ch. 7Z-317;.. 2, ch, 74-326; L 5, ch, 75-167; L I. ch, 7&69; ., 2, ch. 77,215, 'Nate.-Bracketed word substituted by the editono far "or," 'Nate.-Bracileted word. inserted by the editors, 'Nate.-Bracketed words substituted by the editors for the following: "prayj. ously vested development of regional impact wouJd divest rights vested pursu- ant to subse-ction (12)," 'Nate,-Bracketed words substituted by the editors for the words ".uch intention.. " cf~ 380,10 Adoptioo of standards and guidelines, 380.07 Florida Land and Water Adjudicatory Commission.- (1) There is hereby created the Florida Land and Water Adjudicatory Commission, which shall con- sist of the Administration Commission. (2) Whenever any local government issues any development order in any area of critical state con- cern, or in regard to any development of regional impact, copies of such orders as prescribed by rule by the state land planning agency shall be transmitted to the state land planning agency, the regional plan- ning agency, and the owner or developer ofthe prop- erty affected by such order. Within 45 days after the order is rendered, the owner, the developer, an ap- propriate regional planning agency by vote at a reg- ularly scheduled meeting, or the state land planning agency may appeal the order to the Florida Land and Water Adjudicatory Commission by filing a notice of appeal with the commission. The appellant shall fur- nish a copy of the notice of appeal to the opposing party, as the case may be, and to the local govern- ment which issued the order. The fIling ofthe notice of appeal shall stay the effectiveness of the order, and shall stay any judicial proceedings in relation to the development order, until after the completion of the appeal process, Upon motion and good cause shown the Florida Land and Water Adjudicatory Commission may permit materially affected parties to intervene in the appeal. (3) Prior to issuing an order, the Florida Land and Water Adjudicatory Commission shall hold a hearing pursuant to the provisions of chapter 120. The commission shall encourage the submission of appeals on the record made below in cases in which the development order was issued after a full and complete hearing before the local government or an agency thereof. (4) The Florida Land and Water Adjudicatory Commission shall have the power to designate a hearing officer to conduct hearings, who shall have the power to issue notices of hearings and subpoenas requiring the attendance of witnesses and the prcr duction of evidence, to administer oaths, and to take testimony as may be necessary or in con:ormity with this chapter. Such hearing officer shall certify and file with the commission recommendations, findings of fact, and a proposed order. (5) Within 120 days, the Florida Land and Water Adjudicatory Commission shall issue a decision granting or denying permission to develop pursuant to the standards of this chapter. and may attach conditions and restrictions to its decisions. Decisions of the commission shall contain a statement of the 2045 RECREATION & PARKS DEPARTMENT Per your request relative to the flow chart for approval of the Motorola Project, the following is submitted: The rezoning requests and preliminary site plan approval sub- missions are reviewed during the preliminary TRB meeting relative to: a. Effects such development mayor may not present to existing and/or proposed recreation and park facilities and/or plans within the immediate area; b. Determine if the request submitted is subject to the Sub- division Regulations, specifically, Article IX, Section VIII, entitled Parks and Recreation Areas, pertaining to land dedication or fee in lieu of land requirements. If applicable, determination is made as to the applicant's required open space dedication and/or fee in lieu of land based on the formula provided in the Ordinance. This determination is made after review of the City Park and Recreation facilities and plans for the general area, and the applicant's proposed plans. As commercial and industrial rezoning and development requests are not subject to Article IX requirements, Motorola's request would be reviewed only for provisions of Item A above.