This chapter is adopted to establish a local manufacturing development program for the city pursuant to F.S. §§ 163.325—163.3252 (the "Manufacturing Competitiveness Act" or "Act").

(Ord. No. 3030, § 1(Att. A), 7-25-18)

The manufacturing development program established pursuant to this chapter is intended to provide a quick, efficient, and comprehensive method whereby manufacturing businesses may be established or expanded within a designated portion of the city with minimum further local development review. The process ensures that manufacturing businesses will be supported with adequate facilities and infrastructure and that potential adverse impacts to natural resources and adjacent land uses are sufficiently mitigated.

This section provides for master development plan (MDP) approval authorizing specified manufacturing uses at specified development intensities for a specific site. The MDP constitutes a comprehensive local government development approval and upon securing this approval, only building permits to ensure compliance with the state building code and any other applicable state mandated life safety code shall be required to build, operate and subsequently expand or otherwise physically modify for an extensive period of time the manufacturing development established by the MDP.

It is also the intent of this chapter that, in conjunction with the city's master development plan approval process, manufacturing businesses located within the master development plan eligibility area (MDPEA) established herein shall be eligible to apply for state-level permits through the state-level coordinated manufacturing development approval process established pursuant to the Act.

(Ord. No. 3030, § 1(Att. A), 7-25-18)

The city establishes the master development plan eligibility area (MDPEA) as the real property included within the manufacturing development overlay (MDO) as outlined in section 9.4.

(Ord. No. 3030, § 1(Att. A), 7-25-18)

An application for MDP approval shall comply with the following eligibility criteria:

a.

Location within the MDPEA. The real property included in the application shall be located within the boundaries of the MDPEA.

b.

Future land use category. The applicable comprehensive plan future land use category (FLUC) for real property to be included in the application shall be 1. The industrial FLUM category; and 2. The urban commercial corridor FLUM, but only when such real property is owned by the manufacturer or manufacturing developer, is adjacent to the industrial FLUM category property and is to be incorporated into the manufacturing project master development plan.

c.

Zoning. The real property included in the application shall be located within industrial zoning district (I) and when applicable as above in the urban commercial corridor zoning district (UCC).

d.

Configuration of the MDP. The MDP project may consist of either a single parcel of land, or of multiple parcels or tracts, so long as each parcel or tract is located in the MDPEA, owned by one entity, and is of sufficient size and configuration to accommodate a principal use authorized in the MDP.

(Ord. No. 3030, § 1(Att. A), 7-25-18)

Those existing development rights authorized by the city before the approval of the MDP, and associated with the real property included in an MDP application, shall be recognized as vested development rights (subject to the requirements of the comprehensive plan and applicable law), if so requested by the manufacturer.

(Ord. No. 3030, § 1(Att. A), 7-25-18)

9.6.1 Master development plan certification of eligibility. An applicant who intends to file a MDP application shall first apply for a master development plan certification of eligibility (MDPCE) which documents the applicant's eligibility to participate in the manufacturing development program. Issuance of a MDPCE shall be based upon the applicant demonstrating that:

a.

The site that the applicant seeks to establish, expand, modify, or improve for a manufacturing use meets the criteria set forth in section 9.4; and

b.

The proposed or existing use of the property qualifies as a manufacturing use.

The MDPCE establishes eligibility to participate in the manufacturing development program. It is the intent of this chapter that an MDPCE shall also be recognized by agencies of the state as certification of the applicant's eligibility to participate in the state-level coordinated manufacturing development approval process as established in the Act. The city's planning and community development (PCD) department shall establish the necessary forms for application and issuance of MDPCEs in accordance with this chapter and the Act.

(Ord. No. 3030, § 1(Att. A), 7-25-18)

Upon obtaining a MDPCE, the applicant shall schedule and attend a pre-application conference with PCD staff. At the pre-application conference, the applicant and staff will meet to discuss the applicant's proposed development plans and the application process. The applicant and staff will discuss the development project and identify any requirements which may not be applicable for the specific proposed MDP, and discuss issues anticipated to arise during the proposed MDP review in keeping with this chapter.

(Ord. No. 3030, § 1(Att. A), 7-25-18)

Upon payment of an appropriate review fee established by the city, applications for MDP approval shall be generally reviewed as would site plans with only those modifications to the site plan process that are expressly set forth in this chapter. Accordingly, a MDP may serve as the mechanism for granting other local development approvals required under these LUR including CLOS in the same manner as a final site plan but for the effective term of the MDP.

The application, required review submittals, and the review process shall provide for a comprehensive, unified staff review to avoid unnecessary costs, duplication, redundancy, and waste of resources, and to ensure efficiency in the approval process for the MDP. Staff review shall be completed within 90 days of the application being determined complete (unless extended by mutual agreement of the applicant and the city) and transmitted for action pursuant to this chapter.

(Ord. No. 3030, § 1(Att. A), 7-25-18)

The application for MDP approval shall include a proposed MDP consistent with the following review criteria:

a.

A completed land development application form along with proof of applicant's interest in or ownership of the property, as applicable, and designation of an authorized agent.

b.

A site map prepared with site boundaries identified and a legal description of the land included within the application.

c.

An itemized list of intended uses allowed by the applicable FLUM classification. In all instances, principal and accessory uses authorized and permitted pursuant to this section shall be limited to those associated with manufacturing uses.

d.

Proposed development intensity, in terms of total maximum square footage, floor area ratio and height limits.

e.

Proposed development standards for buffers and perimeter landscaping, setbacks from perimeter boundaries, lighting, signage, and off-street parking.

f.

Identification of development impacts, if applicable to the proposed site, which the development conditions will address, including but not limited to:

i.

Drainage;

ii.

Wastewater;

iii.

Potable water;

iv.

Solid waste;

v.

Onsite and offsite natural resources;

vi.

Preservation of historic and archaeological resources;

vii.

Offsite infrastructure;

viii.

Public services;

ix.

Compatibility with adjacent land uses;

x.

Vehicular and pedestrian access;

xi.

Off-site transportation impacts; and

xii.

Any other impacts required to be addressed pursuant to these LUR or the comprehensive plan.

(Ord. No. 3030, § 1(Att. A), 7-25-18)

If applicable, a MDP approval shall address, comply with and incorporate into the MDP review process the following:

a.

Any city-imposed or managed environmental permitting requirements;

b.

Certificate of level of service (CLOS) requirements for the effective term of the MDP; and

c.

Platting and subdivision requirements.

(Ord. No. 3030, § 1(Att. A), 7-25-18)

In deciding whether to approve, approve with conditions, or deny a MDP application, the city council shall consider the following criteria:

a.

Whether the application demonstrates that the proposed development site is located within the boundaries of the MDPEA;

b.

Whether the land uses proposed in the application are limited to manufacturing uses, and consistent with the Act, and any accessory uses clearly incidental to manufacturing uses;

c.

Whether the application demonstrates consistency with the comprehensive plan; and

d.

Whether the application demonstrates compliance with this section 3.4.7.

(Ord. No. 3030, § 1(Att. A), 7-25-18)

The planning commission shall hold a public hearing and give its recommendation on the MDP within 45 days of the application being transmitted by PCD staff. The city council shall hold a public hearing on the proposed MDP within 45 days of the planning commission's recommendation. The city council's decision shall consist of an approval, approval with agreed upon revisions, denial, or continuation to a date-certain to enable additional information to be provided. The city council's decision shall be based upon the application demonstrating compliance with the provisions and criteria in this chapter. The consideration and approval of a MDP shall be treated as a quasi-judicial matter.

(Ord. No. 3030, § 1(Att. A), 7-25-18)

Notwithstanding any other provisions of these LURs that may otherwise require additional separate local development approvals, the approval of an MDP application by the city council shall constitute the single development order necessary to allow an applicant to apply for and receive building permits for any portion or all of the development approved and authorized in the MDP for the term of the MDP, without further review of development impacts addressed in the MDP, so long as the applicant (a) complies with any requirements applicable pursuant to this chapter and (b) submits, along with the building permit application, a certification, signed by a licensed architect, engineer or landscape architect, attesting that the proposed development is in compliance with the MDP.

The development order shall not exempt or exclude the manufacturer or manufacturing developer from compliance with those building permitting requirements necessary to ensure compliance with the state building code and any other applicable state-mandated life safety code, nor shall it exempt the property owner from permitting and compliance with any state or federal requirements as may be applicable.

(Ord. No. 3030, § 1(Att. A), 7-25-18)

The city shall ensure continuing compliance with a MDP through code enforcement and other available enforcement mechanisms as may be necessary, and may call, revoke, or cause the forfeiture of bonds or other securities provided by or on the behalf of the manufacturer or manufacturing developer required to ensure the satisfactory completion or implementation of the MDP and compliance with applicable regulations and standards.

(Ord. No. 3030, § 1(Att. A), 7-25-18)

A MDP shall expire 20 years from the date of city council approval. Upon MDP expiration, no new physical development shall occur pursuant to the MDP, except as may have been authorized by a building permit issued prior to expiration. Any physical development activities otherwise conducted after the expiration of the MDP approval shall be in violation of these LUR and subject to those penalties and remedies provided by law.

(Ord. No. 3030, § 1(Att. A), 7-25-18)

9.16.1 An applicant may request to modify an approved MDP by filing an application with city. The PCD director shall approve the revision if it is consistent with the comprehensive plan, complies with these LUR, and has no adverse impacts in regard to those items specified in section 9.9 other than those previously addressed during the original MDP application process or prior modification to the MDP.

9.16.2 In those instances, where a requested modification would result in potential adverse impacts in regard to those items specified in section 9.9 not previously addressed, the modification shall be reviewed and processed as a new application for MDP approval pursuant to section 9.8, subject to consideration and approval by the planning commission and city council.

9.16.3 In no instance, shall the city require a modification to MDP, except and unless such modification is required in response to enactment of a state law or local ordinance addressing an immediate and direct threat to the public safety. In such instances, the modification shall be limited to those aspects necessary to bring the MDP into compliance with the newly enacted state law or local ordinance. Such modifications shall be subject to approval by the PCD director.

9.16.4 Review of a proposed modification to a MDP shall be limited to the proposed amendment and shall not subject any other aspect of the previously approved MDP to further review or new conditions for development.

(Ord. No. 3030, § 1(Att. A), 7-25-18)

The following definitions are meant to supplement definitions in chapter 10 of these LURs. Where there is conflict, the definitions in this chapter shall supersede the definitions in chapter 10.

Manufacturing use shall mean those land uses established for the purpose of conducting those businesses classified within sectors 31-33 of the North American Industry Classification System (NAICS).

Manufacturer/manufacturing developer shall mean either a specific business that is classified as a manufacturing use or an applicant developer of a manufacturing use located in or intended to be located within the master development plan eligibility area.

Master development plan ("MDP") shall mean the development order that, upon approval by the city pursuant to this chapter LUR's, authorizes manufacturing development within a specified geographic area and which sets forth applicable uses, conditions, limitations, and dimensional standards.

Master development plan eligibility area ("MDPEA") shall mean only the real property within the incorporated area of the city designated as the MDPEA pursuant to sections 9.3 and 9.4.

(Ord. No. 3030, § 1(Att. A), 7-25-18)

(Ord. No. 3030, § 1(Att. B), 7-25-18)