§ 68-496. Development agreements.

Pursuant to the authority granted the city by F.S. §§ 163.3220—163.3243, as amended (known as the Florida Local Government Development Agreement Act, hereinafter the "Act") the city may enter into a development agreement with any person(s) having a legal or equitable interest in real property located within the city.

A development agreement shall mean a written agreement between the city and a property owner(s) that identifies fees, dedications, exactions or other public improvements or construction controls that will be provided by the developer, and the land development regulations that will be applied by the city during the term of the agreement.

(1)

A development agreement may be entered into when one or more of the following exist:

a.

Where the development is proposed to be constructed with commitments to substantial public improvements being required in the development process.

b.

Where commitments to public improvements beyond those ordinarily required of similar development are desirable by reason of location, topography, or other characteristics of the property.

c.

Where it is desirable to provide incentives to coordinate developments with a specific plan.

(2)

Procedures and requirements for entering into a development agreement:

a.

Proposal for a development agreement may be made by any interested party at any time prior to the completion of approvals for development of the project. Such proposal shall be formulated with the applicant and the city manager.

b.

A proposed development agreement shall be adopted, amended, or revoked by following the procedures of the Act. At a minimum, the local planning agency and the city commission shall each hold a public hearing following the notification procedures set forth in the Act and section 70-12.

c.

Development agreements shall be adopted by ordinance and may be amended by ordinance with the mutual consent of the parties to the agreement or by their successors in interest.

d.

No development agreement shall be effective or be implemented by the city unless the city's comprehensive plan and plan amendments implementing or related to the agreement are in compliance with F.S. § 163.3184.

(3)

A development agreement shall include the following:

a.

A legal description of the land subject to agreement and the names of its legal and equitable owners.

b.

The duration of the agreement, may not exceed 30 years unless it is extended by mutual consent of the city and the developer, subject to a public hearing in accordance with F.S. § 163.3225.

c.

The development uses permitted on the land including population densities and building intensities and height.

d.

A description of public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development.

e.

A description of any reservation or dedication of land for public purposes.

f.

A description of all local development permits approved or needed to be approved for the development of the land.

g.

A finding that the development permitted or proposed is consistent with the city comprehensive plan and the land development regulations.

h.

A description of any conditions, terms, restrictions, or other requirements determined to be necessary for the public health, safety, or welfare.

i.

A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms, or restrictions.

j.

A development agreement may provide that the entire development or any phase thereof be commenced or completed within a specific period of time.

k.

All other things required to be addressed by the Act, the city's comprehensive plan, or other city ordinances.

(Ord. No. 08-03, § 1, 7-1-08; Ord. No. 15-03, § 3, 7-7-15 ; Ord. No. 16-12, § 2, 10-18-16 )