§ 357. Manufacturing Development Program.

357.1.   Authority and Title.

This Section 357 is adopted to establish a local manufacturing development program for the County pursuant to Sections 163.325-163.3252, Florida Statutes (the "Manufacturing Competitiveness Act" or "Act"). This Section 357 may be referred to as the Manatee County Manufacturing Development Program Ordinance.

(Ord. No. 15-03 , § 4(Exh. B), 9-3-15/ Amd. 1-26-16 / Amd. 1-5-17 )

357.2.   Purpose and intent.

The manufacturing development program established pursuant to this Section 357 is intended to provide a quick, efficient and comprehensive method whereby new manufacturing businesses may be established within a designated portion of Manatee County and thereafter expanded with minimum further 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 357 provides for master development plan (MDP) approval authorizing specified manufacturing uses at specified development intensities for a specific site or geographic area. The MDP constitutes a comprehensive local government development approval and upon securing this approval (and except as provided in Section 357.6.5), 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 Section 357 that, in conjunction with the County's master development plan approval process, manufacturing businesses located within the Master Development Plan Eligibility Area (MDPEA) established pursuant to Section 357.3 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. 15-03 , § 4(Exh. B), 9-3-15/ Amd. 1-26-16 / Amd. 1-5-17 )

357.3.   Master development plan eligibility area (MDPEA).

The County has established the master development plan eligibility area (MDPEA) as the areas of land included within the manufacturing development overlay district established pursuant to Section 403.15 of this Code, inclusive of the areas of the unincorporated County delineated in Map 4-4.

(Ord. No. 15-03 , § 4(Exh. B), 9-3-15/ Amd. 1-26-16 / Amd. 1-5-17 )

357.4.   Applicability and Eligibility.

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

(a)

Location within the MDPEA. The area of land included in the application shall be located within the boundaries of the MDPEA;

(b)

Future Land Use Category. The area of land included in the application shall be located within the Industrial Light (IL), Industrial Heavy (IH), Industrial Urban (IU) or the Florida International Gateway Overlay District (FIG) future land use category (FLUC) set forth in the Comprehensive Plan;

(c)

Zoning. The area of land included in the application shall be located within the following planned development zoning districts set forth in Chapter 4 of this Code: Planned Development Urban Industrial (PDUI), Planned Development Encouragement Zone (PDEZ), Planned Development Port Manatee (PDPM) or Planned Development Industrial (PDI), as well as also within Planned Development Mixed Use (PDMU) with a General Development Plan specifically allowing light industrial use for that PDMU development.

(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 and is of sufficient size and configuration to accommodate a principal use authorized in the MDP.

(Ord. No. 15-03 , § 4(Exh. B), 9-3-15/ Amd. 1-26-16 / Amd. 1-5-17 )

357.5.   Vested Rights.

Those existing development rights authorized by the County before the approval of the MDP, and associated with the area of land included in an MDP application, shall be recognized as vested development rights (subject to the requirements of this Code, the Comprehensive Plan and applicable law), if so requested by the manufacturer.

(Ord. No. 15-03 , § 4(Exh. B), 9-3-15/ Amd. 1-26-16 / Amd. 1-5-17 )

357.6.   MDP approval process.

357.6.1.

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 subsection 357.4; 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 Section 357 that an MDPCE shall also be recognized by agencies of the State of Florida as certification of the applicant's eligibility to participate in the state-level coordinated manufacturing development approval process as established in the Act. The County's building and development services department shall establish the necessary forms for application for, and issuance of, MDPCEs in accordance with this Section 357 and the Act.

357.6.2.

Pre-application conference. Upon obtaining a MDPCE, the applicant shall schedule and attend a pre-application conference with County 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 Section 357.

357.6.3.

Application process. In addition to being subject to the requirements of Section 312 (procedures of general applicability), applications for MDP approval shall be reviewed and processed in the same manner as site plans, pursuant to Chapter 3 Part IV (site plans), with only those modifications to the site plan process that are expressly set forth in this Section 357. Accordingly, a MDP may serve as the mechanism for granting other approvals required under this Code in the same manner as a preliminary site plan or final site plan.

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 ninety (90) days of the application being determined complete (unless extended by mutual agreement of the applicant and the County) and transmitted to the Board for action pursuant to subsection 357.6.7.

357.6.4.

Application function and content. The application for MDP approval shall include a proposed MDP, consistent with the review criteria set forth in Chapter 3 Part IV and including the following:

(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 consistent with GDP requirements 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 FLUC. Uses may be more limited than those allowed by applicable zoning, but not more expansive. In all instances, principal uses authorized pursuant to this section shall be limited to 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:

(1)

Drainage;

(2)

Wastewater;

(3)

Potable water;

(4)

Solid waste;

(5)

Onsite and offsite natural resources;

(6)

Preservation of historic and archaeological resources;

(7)

Offsite infrastructure;

(8)

Public services;

(9)

Compatibility with adjacent land uses;

(10)

Vehicular and pedestrian access;

(11)

Off-site transportation impacts; and

(12)

Any other impacts required to be addressed pursuant to this Code or the Comprehensive Plan.

An existing planned development and site plan approved in accordance with Chapter 3 Part IV may serve as a proposed MDP so long as it meets the requirements of this Section 357.

357.6.5.

Additional Requirements. When applicable, an application for MDP approval shall also be required to comply with the following requirements:

(a)

Any County-imposed or managed environmental permitting requirements;

(b)

Concurrency management system requirements; and

(c)

Platting and subdivision requirements.

357.6.6.

Criteria for approval. In deciding whether to approve, approve with conditions, or deny a MDP application, the Board 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 Chapter 3 Part IV and this Section 357.

357.6.7.

Public Hearings. The Planning Commission shall hold a public hearing and give its recommendation on the MDP within forty-five (45) days of the application being transmitted by staff. The Board shall hold a public hearing on the proposed MDP within forty-five (45) days of the Planning Commission's recommendation. The Board'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 Board's decision shall be based upon the application demonstrating compliance with the provisions and criteria in this Section 357. The consideration and approval of a MDP shall be treated as a quasi-judicial matter pursuant to Sections 302.8.b and 302.8.c.

(Ord. No. 15-03 , § 4(Exh. B), 9-3-15/ Amd. 1-26-16 / Amd. 1-5-17 )

357.7.   Effect of approval.

Notwithstanding any provisions of Chapter 3 Part IV that otherwise requires additional site plan approvals, the approval of an MDP application by the Board shall constitute a development order allowing an applicant to apply for and receive building permits for any portion or all of the development approved and authorized in 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 subsection 357.6.5, 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 MDP shall be synonymous with and for the purpose of this Section function as the General Development, Preliminary and Final Site Plans identified in Sections 322 and 323 and throughout the LDC.

The development order shall not exempt or exclude the property owner 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. 15-03 , § 4(Exh. B), 9-3-15/ Amd. 1-26-16 / Amd. 1-5-17 )

357.8.   Development Consistent with Master Development Plans.

The County 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 developer to ensure the satisfactory completion or implementation of the MDP and compliance with applicable regulations and standards.

(Ord. No. 15-03 , § 4(Exh. B), 9-3-15/ Amd. 1-26-16 / Amd. 1-5-17 )

357.9.   Expiration of MDP.

Notwithstanding the requirements of Sections 322.5 and 323.4, a MDP shall expire twenty (20) years from the date of Board 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 this Code and subject to those penalties and remedies provided herein.

(Ord. No. 15-03 , § 4(Exh. B), 9-3-15/ Amd. 1-26-16 / Amd. 1-5-17 )

357.10.   Modification of an approved MDP.

357.10.1.

Notwithstanding the requirements of Section 324, an applicant may request to modify an approved MDP by filing an application with Manatee County. The Director shall approve the revision if it is consistent with the comprehensive plan, complies with the land development code, and has no adverse impacts in regard to those items specified in subsection 357.6.4(f) other than those previously addressed during the original MDP application process or prior modification to the MDP.

357.10.2.

In those instances where a requested modification would result in potential adverse impacts in regard to those items specified in subsection 357.6.4(f) not previously addressed, the modification shall be reviewed and processed as a new application for MDP approval pursuant to subsection 357.6., subject to consideration and approval by the Planning Commission and Board.

357.10.3.

In no instance shall the County 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 County Administrator or designee.

357.10.4.

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. 15-03 , § 4(Exh. B), 9-3-15/ Amd. 1-26-16 / Amd. 1-5-17 )

357.11.   Repeal of Manufacturing Development Program.

As provided in the Act, the County shall not repeal this Section 357 or otherwise remove it from Code, until it has been in effect for at least 24 months (no earlier than September 3, 2017). Should the County repeal this Section 357 after September 3, 2017, any application for a MDP submitted to the County before the effective date of repeal shall be reviewed in accordance with those provisions of this Section 357 in effect when the application was submitted. The applicant that submits the application shall be entitled to participate in the manufacturing development coordinated approval process established in the Act.

(Ord. No. 15-03 , § 4(Exh. B), 9-3-15/ Amd. 1-26-16 / Amd. 1-5-17 )