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REVIEW COMMENTS 'l'RACKING LUG - 811'E PLAN REV JEW ~UBMI'r1'AL PRUJI:.C'l' 'l'l'l'LE lJl::::ieRI f''l' IUN 'l'YPI:. VA'l'E REC I D OUANTUM PARK DRI DEVELOPMENT OF REGIONAL NEW SITE PLAN AMOUNT FILE Nu DRI 96-003 IMPACT MAJOR SITE PLAN MODIFICATION kl::CIH PT NO * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * TWELVE (12) SETS SUBMITTED: COLURED ELEVATIONS REC'D (Plans shall be pre-assembled The Planning & zoning Dept will number each sheet of their set The plannil'lg Dept set will be used to check the remaining sets to ensure the number and type of sheets match ) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * APPLICATION & SUBMITTAL: DATE: ACCEPTED DENIED DATE: DATE OF LET'fER TO APPLICANT IDENTIFYING SUBMISSION DEFICIENCIES 2nd SUBHIT'I'AL ACCEPTED DENIED DATE DATE DATE UF SUBMITTAL ACCEPTANCE LETTER REVIEWER'::; NAME * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * , (Label TRC uepartments on each set of plans) DATE AND MEMO NUMBER OF MEMO SENT TO TRC TO PERFORM INITIAL REVIEW DATE BEN'l' 11/22/96 RETUkN DATE 11/27 /96 MEMu NUMBER TRC AGENDA 1st REVIEW COMMENTS RECEIVED PLAN::; MEMO,. I DATE I "C" '""util Y CJ~.'j~ 1~121 I~ p w y~. (;-".- I If I~ vparks ~ . I I~ lo-'Fire ~ ~;;Z I-K/.L-/~ 1'olice y OJ~4 /~/-i:L Planning ...-Building Engineer Engineer forester MEMO ,. I DA'l'E I II e" I I_ I -, i I _)(_ 1_ qc'-Ip{).. I ~I (,/ I I_ I 1_ PLANS '/ , rYPE OF VARIANCE(::;) DATE OE' MEETING DA'l'E OF LETT~R SENT TO APPLICANT IDENTIFYING TRC REVIEW COMMENTS (Aesthetic Review App , dates of board mtgs & checklist sent out wI commencsJ NINETY DAY CALENDAR DATE WHEN APPLICATION BECOMES NULL AND VOID DATE 12 COMPLETE SETS OF AMENDED PLANS SUBMITTED FOR 2nd REVIEW: (Hust be assembled Reviewer shall accept amended plans & support documents) COLORBO BLEVATION8 RIO I D: MEMO SENT TO TRC TO PERFORM 2nd REVIEW. DATE SENT: MEMO *: RETURN DATE: 2nd REVIEW RECOMMENDATION/DENIAL PLANS MIMO ft I DATE I"R/D" PLAN8 MEMO ft / DATB /"R/D" Utile / / planning / I P W / I BUilding / I Parks I I Engineer I I Fire I I Engineer / I Police / / Forster I I LETTER TO APPLICANT REGARDING TRC APPROVAL/DENIAL AND LAND DEVBLOPMBNT SIGNS PLACED AT THB PROPSRTY PATS SENT/SIONS INSTALLED: SCHEDULE OF BOARD MEETINGS: PAD ce/eRA DA'l'li: APPROVAL LE'l'TER SENT A 'l'kAt:k.lNli ::>1-' U III ~ mil 111\1 6 i996 \ U t 1 l F,-., ~ ~ ~ I oi~ ~i i~Jl PLANNING AND ZONING DEPT. FIRE PREVENTION MEMORANDUM NO 96-324 TO Tambn Heyden, DIrector Plannmg & Zorung Department Wilham D Cavanaugh, FPO I J d Jl iY _( f Fire Department /r.JYV ~~~r '--- December 6, 1996 FROM. DATE SUBJECT DR! 96-003 ESP for BGI Quantum Cir & Gateway Blvd. We have no objections to thIs change. cc Deputy ChIef Ness FPO II Campbell File ::J...:::tJ .::. .::.or-I'I r- KWI 1-""'-.[:, VVUK I H UKA 1 r.JA.Li!:. ~b 1 4~~ ~b!::::i4 ~'" ill ~ I ~ ~ : J~~u ~ 00 LAKE WORTH DRAINAGE DISTRICT \-..I'J-..._,.A'-^__~~~...J'-../'....-,,"'~J Decembc 3 1996 PLANNING AND ZONING DEPT. 13081 MILITARV TRAIL OElRA Y BEACH, FLORIDA 33464 Tambri J Heyden, AICP Direcror Planmng and Zoning City of Boynton Beach POBox 310 BO)'ntOil Beach, FL 33425-0310 Dear Ms. Heyden. Subject- TechnicAl Review Committee Agenda C) 1 B~ (III Superv\s0l!l C. :5Q."18y Yll9aVet lCMnIt 06lI John I. WhIrM:lrth m 5eetelalytWarl9' WIlliam G. W1ntel$ A.uia.ta.'" M-Nlator Flldl..-c S. Wha(llihan A!lomtt ~rty i\ &hone P.A. The Lake Worth Drainage DIStrIct offers the following comments regardIng tht:- items on the Noyember 25, 1996 meetllllt agenda. Orchard Landing - Not In the L WDD Sen1.ce Area. 2. Quantum Park. PID - Right-of.wav has been secured. A dramage reVIew v,,;l1 be requm:~d before commencement of construction. 3 DIscount Auto Parts. Drainage p~rmjt In process of being issued. 4 Hills at Lake Eden pun. Require drainage and location map before commentlllg. 5 Seacre,t Scrub Natural Aren - Require drainage and location map before commenting. As ah\'ays. we thank you ft1r being given the opportlmity to comment. Sincere! y, c:.- INAGE DISTRICT P A?vlhnib c Ronald L. Crone, P.E P.LS., AS$lstcmt Manager, LWDD ShauglUl J Webb, ChiefInspector, L 1iVDD De/ray hen 8< Boca RaWn ~~ flo'I"1IQn OeaCh It Weal PlIIm BelIch 7SN183S FAX (4m 495-9094 MEMORANDUM UtIlItIes # 96-388 FROM TambrI Heyden. Planmng & zomnjtre tor / John A. GUIdry, . ~ DIrector of UtIhtIes D TO Date November 27, 1996 SUBJECT Quantum Park PID, Master Plan Modification, First Review Staff has revIewed the above referenced proJect and offer the followmg comments UtIhtIes has no comment It IS our recommendatIOn that the plan proceed through the reVIew process. If you have any questIOns regardmg thIS subJect, please contact SkIp MIlor at 375-6407 or Peter Mazzella at 375-6404 sm/Quantum3 xc Clyde "SkIp" Milor Peter Mazzella FIle DEC- 2-96 MON 15 06 TO- Tam bri Heyden. Plannmg & Zonin FROM. John A. Guidry, Director of UtilitIes Date November 27. 1996 MEMORANDUM utilIties # 96-388 oo~ SUBJECT Quantum Park PID. Ma~ter Pllln Modification, First Review Staffhas reviewed the above referenced project and offer the follo\\ing comments: UtilitIes has no comment It is our recommendation that the plan proceed through the reVIew process. DEe P 02 mowm rn 29)6 PLANNING AND ZONING DEPT. If you have any question~ regarding this subject, plefi:3e contact Skip Milor at 375-6407 or Peter Mazzella at 375-6404 3m/Quantum3 xc Clyde "Skip" Milor IJeter Mazzella FlIe rrQr~ @ ~ u w ~1f0! WI NOV ~ 6 1996 J ~ PLANNING AND ZONING DEPI DEPARTMENT OF DEVELOPMENT MEMORA..~UM NO 96-122 TO' Tambn J Heyden, P1annmg & Zoning DIrector ~Hukil~ P.E., DIrector of Development November 26,1996 FROM. DATE. RE. QUANTUM PARK PID - BGI INDUSTRIES LAND USE CHANGE We have no obJectIon to the reclassIficatIon of the lots WhICh will be occupIed by BGI but suggest that zonmg revert to ItS' present classIficatIon If BGI has not apphed for and receIved buildmg permIts by December 31, 1999 Any other changes mcluded on the November 7 master plan drawmg were not revIewed and should not be consIdered by the COmmISSIon. WVH/ck xc: Anthony Occhmzzo, Bldg. PermIt AdmmIstrator Ken Hall, Eng. Plans Check Inspector James G Willard, Esq., Shutts & Bowen, 20 N Orange Ave, # 1000, Orlando, Fl32801 C:Ql,ANBGI RECREATION & PARK MEMORANDUM #96-548 ill rnoornuwm rn NOV 26~ I'lf>.NNING AND ZONING DEPT. RE Tambn Heyden, Plannmg & Zomng Department John Wildner, Parks SuperIntendent ~ Quantum Park PID - Master Plan ~Odification TO FROM. DATE November 26, 1996 The RecreatIon & Park Department has completed the reVIew of the Masterplan ModIficatIon for the Quantum Park PID There are no recreatIon related comments at thIS tIme The proJect may contmue through the normal reVIew process. JW CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM rn mmnwrn NOV 2 11996 001 I . , ~ TO- T AMBRI HEYDEN, PLANNING & ZONING DIRECTOR DATE 26 NOVEMBER 96 IL PLANNING AND ZONING DEPT. SUBJECT QUANTUM PARK DEVELOPMENT OF REGIONAL IMPACT FROM. SGT MARLON HARRIS ~FERENCES 96-0284 POLICE DEPARTMENT ENCLOSURES I have revIewed the above plans and have no comments. PUBLIC WORKS DEPARTMENT MEMORANDUM #96-262 TO TambrI J Heyden, AICP, Plannmg & Zonmg DIrector THRU Carel FIsher, Deputy Pubhc Works DIrector FROM Larry QUInn, SamtatIOn SuperIntendent SUBJ Development of RegIOnal Impact - Quantum Park DATE November 26, 1996 The PublIc W 0 S Department has no problems WIth the above SIte Larry Qumn SamtatIOn SuperIntendent LQ/cr W ~@rnn\V1rn rn NOV 21- PLANNING AND ZONING DEPT. F.S. 1995 F.S. 1995 LAND AND WATER MANAGEMENT Ch.380 outed must be gate impacts rea- jevelopment. public tacility by 1dition of a devel- reasonably attrib- is not subject to ]otiation tor selec ;ional tor any part ; required by the elopment order I government shall ~r condition tor a .equirement that a 3.cquisition or con- :ilities or portions ,as enacted a local ~Iopment not sub- roportionate share ties necessary to I rational nexus to need to construct 3tem of public tacil- e to the proposed or constructive notice of any such lien, cloud or encum- brance This paragraph applies only to developments initially approved under this section after July 1 1980. (g) If the property is annexed by another local juris- diction, the annexing jurisdiction shall adopt a new development order that incorporates all previous rights and obligations specified in the prior development order (16) CREDITS AGAINST LOCAL IMPACT FEES- (a) If the development order requires the developer to contribute land or a public facility or construct, expand or pay for land acquisition or construction or expansion of a publiC facility or portion thereof and the developer is also subject by local ordinance to impact fees or exactions to meet the same needs, the local gov- ernment shall establish and implement a procedure that credits a development order exaction or fee toward an impact fee or exaction imposed by local ordinance for the same need; however if the Florida Land and Water Adjudicatory Commission imposes any additional requirement, the local government shall not be required to grant a credit toward the local exaction or impact fee unless the local government determines that such required contribution payment, or construction meets the same need that the local exaction or impact fee would address. The nongovernmental developer need not be required by virtue of this credit, to competitively bid or negotiate any part ot the construction or design of the facility unless otherwise requested by the local government. (b) If the local government imposes or increases an impact fee or exaction by local ordinance after a devel- opment order has been issued the developer may peti- tion the local government, and the local government shall modify the affected provisions of the development order to give the developer credit for any contribution of land for a public facility or construction, expansion or contribution of funds for land acquisition or construction or expansion of a public facility or a portion thereof required by the development order toward an impact fee or exaction for the same need. (c) The local government and the developer may enter into capital contribution front-ending agreements as part of a development-of-regional-impact develop- ment order to reimburse the developer or the develop- er s successor for voluntary contributions paid in excess of his or her fair share. (d) This subsection does not apply to internal, on site facilities required by local regulations or to any offsite facilities to the extent such facilities are necessary to provide safe and adequate services to the development (17) LOCAL MONITORING.-The local government Issuing the development order is primarily responSible for monitoring the development and enforcing the provi- sions of the development order Local governments shall not issue any permits or approvals or provide any extensions ot services it the developer tails to act in sub- stantial compliance with the development order (18) ANNUAL REPORTS -The developer shall sub- mit an annual report on the development of regional Impact to the local government, the regional planning agency the state land planning agency and all affected permit agencies on the date specified in the develop- ment order If the annual report IS not received the lpprove a develop- ot make adequate ~ded to accommo- evelopment unless development order ~nt to provide these ~Iopment schedule r' however a local ~ requirements of Iraph shall not pre- 1t order where ade- Jloper for the public the impacts of the )r lands contributed esignated and used y attributable to the ity Affairs and other .d in the administra- shall cooperate and nt in preparing and er contribution ordl- evelopment order or n adopted develop- ( the developer In e clerk ot the circuit [he development is legal description of md shall state which d the development te ot adoption of any order the location 3.mendments may be ent order constitutes plicable to the prop- 3hall not constitute a al property or actual regional planning agency or the state land planning agency shall notify the local government. If the local gov- ernment does not receive the annual report or receives notification that the regional planning agency or the state land planning agency has not received the report. the local government shall request in writing that the developer submit the report withm 30 days. The failure to submit the report after 30 days shall result in the tem- porary suspension of the development order by the local government. (19) SUBSTANTIAL DEVIATIONS- (a) Any proposed change to a previously approved development which creates a reasonable likelihood of additional regional impact or any type of regional impact created by the change not previously reviewed by the regional planning agency shall constitute a sub- stantial deviation and shall cause the development to be subject to further development-of-regional-impact review (b) Any proposed change to a previously approved development of regional impact or development order condition which, either individually or cumulatively with other changes exceeds any of the following criteria shall constitute a substantial deviation and shall cause the development to be subject to turther development-ot- regional-impact review without the necessity tor a find- ing ot same by the local government: 1 An increase in the number of parking spaces at an attraction or recreational facility by 5 percent or 300 spaces, whichever is greater or an increase in the num- ber of spectators that may be accommodated at such a facility by 5 percent or 1,000 spectators whichever is greater 2. A new runway a new terminal facility a 25- percent lengthening of an existing runway or a 25- percent increase In the number of gates of an existing terminal, but only if the increase adds at least three addi- tional gates. However if an airport is located in two counties, a 10-percent lengthening of an existing run- way or a 20-percent increase in the number of gates of an existing terminal is the applicable criteria. 3. An increase in the number of hospital beds by 5 percent or 60 beds, whichever is greater C!) An increase in industrial development area by 5 percent or 32 acres, whichever is greater 5 An increase in the average annual acreage mined by 5 percent or 10 acres, whichever is greater or an increase in the average daily water consumption by a mining operation by 5 percent or 300.000 gallons, whichever is greater An increase in the size of the mine by 5 percent or 750 acres, whichever is less. 6 An increase in land area for office development by 5 percent or 6 acres, whichever is greater or an increase of gross floor area of office development by 5 percent or 60 000 gross square feet whichever is greater 7 An increase in the storage capaCity for chemical or petroleum storage tacilities by 5 percent, 20.000 bar rels, or 7 million pounds, whichever is greater 8. An increase of development at a waterport ot wet storage for 20 watercratt, dry storage for 30 watercraft, or wet/dry storage for 60 watercratt in an area identitied in the state marina siting plan as an appropriate site for 1621 Ch.380 LAND AND WATER MANAGEMENT F.S. 1995 -- additional waterport development or a 5-percent increase in watercraft storage capacity whichever is greater 9 An increase in the number of dwelling units by 5 percent or 50 dwelling units whichever is greater 10 An increase in commercial development by 6 acres of land area or by 50.000 square feet of gross floor area. or of parking spaces provided for customers for 300 cars or a 5-percent increase of any of these which- ever is greater 11 An increase in hotel or motel facility units by 5 percent or 75 units. whichever is greater 12. An increase in a recreational vehicle park area by 5 percent or 100 vehicle spaces whichever is less 13 A decrease in the area set aside for open space of 5 percent or 20 acres whichever is less. 14 A proposed increase to an approved multiuse development of regional impact where the sum of the increases of each land use as a percentage of the appli- cable substantial deviation criteria is equal to or exceeds 100 percent. The percentage of any decrease in the amount of open space shall be treated as an increase for purposes of determining when 100 percent has been reached or exceeded 15 A 15-percent increase in the number of external vehicle trips generated by the development above that which was projected during the original development- of-regional-impact review 16 Any change which would result in development of any area which was specifically set aside in the appli- cation for development approval or in the development order for preservation or special protection of endan- gered or threatened plants or animals designated as endangered threatened or species of special concern and their habitat primary dunes. or archaeological and historical sites designated as significant by the Division of Historical Resources of the Department of State The further refinement of such areas by survey shall be con- sidered under sub-subparagraph (e)5.b (c) An extension of the date of buildout of a develop- ment or any phase thereof by 7 or more years shall be presumed to create a substantial deviation subject to further development-of-regional-impact review An extension of the date of buildout, or any phase thereof of 5 years or more but less than 7 years shall be pre- sumed not to create a substantial deviation These pre- sumptions may be rebutted by clear and convincing evi- dence at the public hearing held by the local govern- ment An extension of less than 5 years is not a substan- tial deviation For the purpose of calculating when a buildout phase or terminatIOn date has been exceeded the time shall be tolled during the pendency of administrative or judicial proceedings relating to development permits Any extension of the buildout date of a project or a phase thereof shall automatically extend the commencement date of the project the ter mination date of the development order the expiration date of the development of regional impact and the phases thereof by a like period of time (d) A change in the plan of development of an approved development of regional impact resulting from requirements imposed by the Department of Environ- mental Protection or any water management district cre- ated by s. 373.069 or any of their successor agencies or by any appropriate federal regulatory agency shall be submitted to the local government pursuant to this sub. section The change shall be presumed not to create a substantial deviation subject to further development_ of-regional-impact review The presumption may be rebutted by clear and convincing evidence at the pUblic hearing held by the local government. (e)1 A proposed change which either individually or if there were previous changes. cumulatively with those changes. is equal to or exceeds 40 percent of any numerical criterion in subparagraphs (b)1 -15. but which does not exceed such criterion shall be pre- sumed not to create a substantial deviation subject to further development-of-regional-impact review The presumption may be rebutted by clear and convincin evidence at the public hearing held by the local gover ment pursuant to subparagraph (f)5 2. Except for a development order rendered pursu- ant to subsection (22) or subsection (25). a proposed change to a development order that individually or cumulatively with any previous change is J.ess than 40 percent of any numerical criterion contained in subparagraphs (b)1 -15. and does not exceed any other criterion or that involves an extension of the buildout date of a development, or any phase thereof of less than 5 years. is not subject to the j)JJblic;JJ?aring require:_ ments of su!Jp'!f~raptlJm.. and is not subject to a aeferriiTnaflon Pl!'"~u.anlJ.9.subpar~graph (f)5. Notice of the proposed change shall be madefOff1e regional plan- ning council and the state land planning agency Such notice shall include a description of previous individual changes made to the development. including changes previously approved by the local government. and shall include appropriate amendments to the development order Ttl.efollowing changes. individually or cumula- tively with -any. previous-changes are not substantial deviations: a. Changes in the name of the project. developer owner or monitoring official b Changes to a setback that do not affect noise buffers environmental protection or mitigation areas. or archaeological or historical resources. c. Changes to minimum lot sizes. d Changes in the configuration of internal roads that do not affect external access points. , e Changes to the building design or orientatIOn that stay approximately within the approved area deSig- nated for such building and parking lot, and whic,h do not affect historical buildings designated as significant by the Division of Historical Resources of the Depart ment of State f Changes to increase the acreage in the develop- ment. provided that no development is proposed on the a~age to be added re~ ::> _ (g/ Changes to eliminate an approved land use. pro vided that there are no additional regional impacts. t h Changes required to conform to perml s approved by any federal state or regional perm1ttrng agency provided that these changes do not create a~tional regional impacts. ~ Any other change which the state land plannln~ agency agrees in writing is similar in nature. Impact. F.S. 19~ ssor agencies or agency shall be uant to this sub- j not to create a :r development- Imption may be nce at the public ,ither individually umulatively with m percent of any s (b)1 -15. but In shall be pre- riation subject to lact review The r and convincing the local govern- rendered pursu- (25), a proposed It individually or e is less than 40 ,n contained in exceed any other n of the buildout ~ thereof of less c hearing require- not subject to a lph (f)5. Notice of the regional plan- ing agency Such revious individual lcluding changes :rnment, and shall the development jually or cumula- 'e not substantial lroject, developer ::> not affect noise litigation areas, or ,. of internal roads lints. iign or orientation ::>roved area desig- lot, and which do 3.ted as significant ;es of the Depart. 1ge in the develop- is proposed on the )ved land use, pro- gional impacts. form to permits 'egional permitting Jes do not create :;tate land planning I nature impact, or E:-S, 1995 LAND AND WATER MANAGEMENT Ch.380 character to the changes enumerated in sub- subparagraphs a.-h. and which does not create the like- lihood of any additional regional impact. This subsection does not require a development order ~ fQrany-_cha!1gellst~d 1.'l-2.!Jb- subparagraphs a.-i. unless such issue~addressed_ emler in the eXisting. development order QLin the appli- cation fof"j_e.y~lopment approval, but, in the case of the -~~~t, anc!lD th~ manner in which,jhe ap~ - cation lsJ.!:!g)rpQ@tedlf!lb!L9~Vp.lormpnt order I ~--3'-'ExcePt for the change authorized by sub- I subparagraph 2.1 any addition of land not previously i reviewed or any change not specified in paragraph (b) I or paragraph (c) shall be presumed to create a substan- tial deviation. This presumption may be rebutted by clear and convincing evidence 4 Any submittal of a proposed change to a previ- ously approved development shall include a description of individual changes previously made to the develop- ment, including changes previously approved by the local government. The local government shall consider the previous and current proposed changes in deciding whether such changes cumulatively constitute a sub- stantial deviation requiring further development-of- regional-impact review 5 The following changes to an approved develop- ment of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebut- ted by clear and convincing evidence. a. A change proposed for 15 percent or more of the acreage to a land use not previously approved in the development order Changes of less than 15 percent shall be presumed not to create a substantial deviation. b Except for the types of uses listed in subparagraph (b)16., any change which would result in the development of any area which was specifically set aside in the application for development approval or in the development order for preservation, buffers, or spe- cial protection, including habitat for plant and animal species, archaeological and historical sites, dunes, and other special areas. c. Notwithstanding any provision of paragraph (b) to the contrary a proposed change consisting of simul- taneous increases and decreases of at least two of the uses within an authorized multiuse development of regional impact which was originally approved with three or more uses specified in s. 380.0651 (3)(c), (d), (f), and (g) and residential use (f)1 The state land planning agency shall establish by rule standard forms for submittal of proposed changes to a previously approved development of regional impact which may require further develop- ment-of-regional-impact review At a minimum, the standard form shall require the developer to provide the precise language that the developer proposes to delete or add as an amendment to the development order 2. The developer shall submit, simultaneously to the local government, the regional planning agency and :he state land planning agency the request for approval cf a proposed change 3 No sooner than 30 days but no later than 45 days after submittal by the developer to the local govern- ment, the state land planning agency and the appropri- ate regional planning agency the local government shall give 15 days notice and schedule a public hearing to consider the change that the developer asserts does not create a substantial deviation. 4 The appropriate regional planning agency or the state land planning agency shall review the proposed change and prior to the public hearing at which the pro- posed change is to be considered shall advise the local government in writing whether it objects to the pro. posed change, shall specify the reasons for its objec tion, if any and shall provide a copy to the developer A change which is subject to the substantial deviation criteria specified in sub-subparagraph (e)5.c. shall not be subject to this requirement. 5. At the public hearing, the local government shall determine whether the proposed change requires fur ther development-of-regional-impact review The pro- visions of paragraphs (a) and (e), the thresholds set forth in paragraph (b), and the presumptions set forth in para- graphs (c) and (d) and subparagraphs (e)1 and 3. shall be applicable in determining whether further develop- ment-of-regional-impact review is required 6. If the local government determines that the pro- posed change does not require further development- of-regional-impact review and is otherwise approved, or if the proposed change is not subject to a hearing and determination pursuant to subparagraphs 3. and 5 and is otherwise approved the local government shall issue an amendment to the development order incorporating the approved change and conditions of approval relat ing to the change. The decision of the local government to approve, with or without conditions, or to deny the proposed change that the developer asserts does not require further review shall be subject to the appeal pro- visions of s. 380.07 However the state land planning agency may not appeal the local government decision if it did not comply with subparagraph 4 The state land planning agency may not appeal a change to a develop- ment order made pursuant to subparagraph (e)2. for developments of regional impact approved after Janu. ary 1 1980, unless the change would result in a signifi- cant impact to a regionally significant archaeological. historical, or natural resource not previously identified in the original development-of-regional-impact review (g) If a proposed change requires further develop- ment-of-regional-impact review pursuant to this sec tion, the review shall be conducted subject to the follow- ing additional conditions: 1 The development-of-regional-impact review conducted by the appropriate regional planning agency shall address only those issues raised by the proposed change except as provided in subparagraph 2. 2. The regional planning agency shall consider and the local government shall determine whether to approve approve with conditions, or deny the proposed change as it relates to the entire development. If the local government determines that the proposed change as it relates to the entire development, is unacceptable the local government shall deny the change. 3. If the local government determines that the pro- posed change, as it relates to the entire development, should be approved any new conditions in the amend- 1623 Ch. 380 LAND AND WATER MANAGEMENT F.S.1995 -- ment to the development order issued by the local gov- ernment shall address only those issues raised by the proposed change 4 Development within the previously approved development of regional impact may continue as approved during the development-of-regional-impact review in those portions of the development which are not affected by the proposed change (h) When further development-of-regional-impact review is required because a substantial deviation has been determined or admitted by the developer the amendment to the development order issued by the local government shall be consistent with the require- ments of subsection (15) and shall be subject to the hearing and appeal provisions of s. 380.07 The state land planning agency or the appropriate regional plan- ning agency need not participate at the local hearing in order to appeal a local government development order issued pursuant to this paragraph (20) VESTED RIGHTS -Nothing in this section shall limit or modify the rights of any person to complete any development that has been authorized by registration of a subdivision pursuant to chapter 498, by recordation pursuant to local subdivision plat law or by a building permit or other authorization to commence development on which there has been reliance and a change of posi- tion and which registration or recordation was accom- plished or which permit or authorization was issued prior to July 1 1973. If a developer has. by his or her actions in reliance on prior regulations, obtained vested or other legal rights that in law would have prevented a local government from changing those regulations in a way adverse to the developer s 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 sub- division plat by formal vote of a county or municipal gov- ernmental body having jurisdiction after August 1 1967 and prior to July 1 1973, is 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 governmental approval is required for vesting to take place Anyone claiming vested rights under this paragraph must so notify the department in writing by January 1 1986. Such notification shall include informa- tion adequate to document the rights established by this subsection When such notification requirements are met, in order for the vested rights authorized pursu- ant to this paragraph to remain valid after June 30 1990, development of the vested plan must be commenced prior to that date upon the property that the state land planning agency has determined to have acquired vested rights following the notification or in a binding let ter of interpretation When the notification requirements have not been met. the vested rights authorized by this paragraph shall expire June 30 1986, unless develop- ment commenced prior to that date (b) For the purpose of this act. the conveyance of or the agreement to convey property to the county state or local government as a prerequisite to zoning change approval shall be construed as an act of reliance ~ '_..' .~..-,-.~. -""- -.. . to vest rights as determined under this subsection, pro- vided such zoning change is actually granted by SUch government. (21) COMPREHENSIVE APPLICATION MASTER PLAN DEVELOPMENT ORDER.- (a) If a development project includes two or more developments of regional impact, a developer may file a comprehensive development-of-regional-impact application. (b) If a proposed development is planned for devel- opment over an extended period of time the developer may file an application for master development approval of the project and agree to present subsequent incre- ments of the development for preconstruction review This agreement shall be entered into by the developer the regional planning agency and the appropriate local government having jurisdiction The provisions of sub- section (9) do not apply to this subsection except that a developer may elect to utilize the review process established in subsection (9) for review of the incre- ments of a master plan. 1 Prior to adoption of the master plan development order the developer the landowner the appropriate regional planning agency and the local government having jurisdiction shall review the draft of the develop- ment order to ensure that anticipated regional impacts have been adequately addressed and that information requirements for subsequent incremental application review are clearly defined. The development order for a master application shall specify the information which must be submitted with an incremental application and shall identify those issues which can result in the denial of an incremental application. 2. The review of subsequent incremental applica- tions shall be limited to that information specifically required and those issues specifically raised by the mas- ter development order unless substantial changes in the conditions underlying the approval of the master plan development order are demonstrated or the master development order is shown to have been based on substantially inaccurate information (c) The state land planning agency by rule, shall establish uniform procedures to implement this subsec tion. (22) DOWNTOWN DEVELOPMENT AUTHORITIES.- (a) A downtown development authority may submit a development-of-regional-impact application for development approval pursuant to this section. The area described in the application may consist of any or all of the land over which a downtown development authonty has the power described in s. 380.031 (5). For the pur poses of this subsection a downtown development authority shall be considered the developer whether or not the development will be undertaken by the down town development authority I. (b) In addition to information required by the deve opment-of-regional-impact application the application for development approval submitted by a downtow; development authority shall specify the total amount In development planned for each land use. categOry the addition to the requirements of subsection (15). I development order shall specify the amount of devel~~ ment approved within each land use category Deve (' :: ~ 2.:::: 'L .... f.e " ;cr 'L ~r r: 1624 .,.~~-..~-- .~.~~ . - ............