9J-2.028. Master Development Approval Alternative Review Procedure (Transferred)

(1) If a proposed development is planned for development over an extended period of time, the developer may seek to follow an alternative DRI review procedure by filing an application for master development approval of the project and agreeing to present subsequent increments of the development for preconstruction review pursuant to paragraphs 380.06(21)(b)-(c), Florida Statutes. One increment may be proposed and reviewed concurrently with the application for master development approval. All other increments must be submitted and approved subsequent to the issuance of the master development order. This alternative procedure shall follow DRI procedures established by statute and rule but shall not be used for the conceptual agency review process specified in subsection 380.06(9), Florida Statutes. Where such a procedure may be appropriate, the developer shall consult with the local government and the regional planning agency regarding information to be provided; the timing of review of phases, increments, or issues related to regional impacts of the proposed development; and any other considerations that must be addressed in the application for master development approval and the agreement required by paragraph 380.06(21)(b), Florida Statutes. The agreement shall be entered into by the developer, the regional planning agency, and the local government having jurisdiction before the application for master development approval is filed.

(2) In determining sufficiency of information contained in an application for master development approval, the regional planning agency shall give consideration to: the adequacy and availability of sufficient, reliable information; the necessity of subsequent review of phases, increments, or issues related to regional impacts; additional information which may be required in subsequent incremental applications; and issues which could result in the denial of an incremental application.

(3) Prior to adoption of the master plan development order, the developer, the landowner, an appropriate regional planning agency and the local government having jurisdiction shall review the draft development order and, if appropriate, related agreements to ensure that the requirements of paragraph 380.06(21)(b), Florida Statutes, are met. In addition, the development order and any related agreements shall:

(a) Adequately address anticipated regional impacts considered in the application for master development approval and the report and recommendations of the regional planning agency;

(b) Specify which regional issues have been sufficiently reviewed;

(c) Deny, approve or approve with conditions the conceptual or master plan development and any initial increments or phases of development that may be appropriate and that have been reviewed by the regional planning agency;

(d) Define presently known information requirements for, and issues which are subject to, further review upon submission of subsequent incremental applications for development approval; and

(e) Identify issues which can result in denial of subsequent applications.

(4) The review of subsequent incremental applications shall be as prescribed in paragraph 380.06(21)(b), Florida Statutes. Substantial changes in conditions underlying the approval of the master development order or substantially inaccurate information upon which the master development order was based are to be construed to mean changed conditions or inaccurate information that creates a reasonable likelihood of additional adverse regional impact or any other regional impact not previously reviewed by the regional planning agency.

(5) This rule shall not be construed to limit or modify statutory responsibilities of regional planning agencies, local governments or the Department in complying with Section 380.06, Florida Statutes.

Specific Authority 380.032(2)(a), 380.06(21)(c), (23)(a) FS. Law Implemented 380.06(21) FS. History–New 7-7-76, Amended 5-4-83, Formerly 27F-1.24, 9B-16.28, Amended 11-20-90.