Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023) |
Code of Ordinances |
Chapter 23. Zoning, Land Use And Development Regulation |
Article II. Administration And Procedures |
Division 2. Application And Approval Requirements And Procedures |
§ 23-228. Master Development (MDP) Review Process.
Sec. 23-228.1. Applicability. Master Development Plan process is designed to promote a form of development that is intended to encourage high quality master planned community development on large tracts of land, in order to promote a jobs/housing balance and a development pattern that may reduce reliance on the personal automobile by allowing a greater variety of land uses closer to work and home; protect and enhance environmental assets and provide for an orderly transition of land uses through a planning process that incorporates a build out vision with proper timing and location of adequate public facilities. This process is intended to facilitate the implementation of planned development zoning and Policy 2.18 of the Comprehensive Plan.
Sec. 23-228.2 Application requirements for submittal of Master Development Plan Projects. Applications shall include information as required in this section. An incomplete application will not be accepted and will be returned to the applicant without review.
a. Pre-Application conference and conceptual plan review. It is required that the applicant schedule a pre-application conference with the administrative official to discuss the proposed development no less than two (2) weeks prior to submitting formal application for the preliminary site plan. The purpose of this conference is to review the feasibility of the proposed development.
b. Master Development Plan application.
- The application for Master Development Plan approval shall include a completed application form, a site plan meeting the requirements of section 23-450, and the application fee pursuant to section 23-242. The application form, number of copies of plans, and deadlines for submission shall be set forth in the procedures manual maintained by the administrative official.
- An incomplete application will not be accepted and will be returned to the applicant without review.
Sec. 23-228.3 Master Development Plan review and approval.
a. Development review committee. Upon acceptance of the application as complete, the administrative official shall schedule the application for review by the development review committee at its next regular meeting. All master development plans shall be reviewed by the development review committee to determine that the plan meets the requirements of this chapter.- After completion of review by the development review committee and based upon the findings of the development review committee, the administrative official shall make a written recommendation to the planning board for approval, approval with conditions, or denial of the master development plan.
- Planning Board Review. Upon issuance of written comments by the DRC, the MDP shall be scheduled for a public hearing before the planning board where they may request modifications to the plan to improve the site plan in regard to the intent of the land development regulations.
- City Commission Review. The Board shall conduct a public hearing on the review of the MDP, the planning board recommendation, and staff report per the requirements of this Chapter.
b. Review Criteria. Based upon their review of the information presented by the applicant, the recommendations of the development review committee, the administrative official and the planning board, and comments received from the public, the city commission shall either approve, approve subject to stated conditions, approval with modifications or deny the application for MDP plan. In its decision, the City Commission shall consider whether the proposed plan is consistent with the Comprehensive Plan and this Code. In making such determination, the approving authority shall consider the approval criteria for the Planned Development Mixed-use zoning district.
c. Concurrency. MDPs are intended for large tracts of land that anticipate a long-term build-out vision. As such, concurrency reservation for sanitary sewer, potable water, solid waste, roads, public schools, recreation and open space and drainage may not be deemed appropriate. Development Orders may be conditioned to require that public facility improvements or capacity will be in place concurrent or at the time the facility or service is needed by proposed development.
An impact assessment for concurrency will be required for individual phases or subphases of development, at the time of a site development permit application.As an alternative, the applicant may enter into a development agreement with the City to secure the completion of improvements or performance of other developer obligations in consideration for any procedural or substantive right or entitlement, as may be authorized and required by this Code, the Comprehensive Plan and applicable law, in accordance with F.S. §§ 163.3220 – 163.3243.
d. Effect of MDP Approval. Upon approval of a MDP, the applicant may proceed with the submittal of Preliminary Site Plans, as described in section 23-222.4.a.3, followed by Site Development Permits, as described in section 23-217,for individual phases or subphases of development. In the case of residential subdivisions, a Preliminary Plat/Site Plan shall be filed and approved prior to the Site Development Permit. Upon approval of a Site Development Permit, a Final Plat shall be submitted for City Commission review and approval.
e. Expiration of MDPs. MDPs shall not expire, unless and except it is mutually agreed that such approval should be rescinded.
f. Monitoring. Preliminary Site Plans and Site and Development Plans must include a tracking chart to show cumulative development of the MDP.
(Ord. No. 2020-27, § 1, 10-20-20)