A.

Terms and conditions. Development agreements shall be considered under the following procedures: The City Commission of the City of Belleair Bluffs, in its sole and exclusive discretion, may enter into development agreements with the legal and equitable owners of real property within the city limits of the City of Belleair Bluffs as provided in Chapter 163, Florida Statutes, and as is further set forth under the terms of this article. The entry into a development agreement by said city shall in no way whatsoever limit or modify any legislative power by said city to adopt ordinances, resolutions or regulations or to make executive administrative or legislative decisions of any kind which it had the power to make prior to the entity of such development agreement, except to the degree that the development agreement, by its express terms and not by implication, gives vested rights to said property owner as to certain development permissions, required improvements and similar matters. No development agreement shall, by its express terms or by implication, limit the right of the City Commission to adopt ordinances or regulations or to adopt policies that are of general application or specific as to the property subject to the development agreement in the city, except as is expressly provided in Chapter 163, Florida Statutes.

B.

Rights of the city reserved. The submission of a request for consideration of a development agreement, the City Commission's willingness to pursue discussions, the resultant negotiations regarding a development agreement, the payment of any application fees for the submission of any applications, engineering plans, surveys and any other expenditures or efforts in prosecution of the development agreement provided for herein by a property owner shall not vest any rights whatsoever in any land use district or future land use designation in such property owner nor shall it in any manner whatsoever limit the City Commission from undertaking any land use district or future land use plan amendments that it would be otherwise legally entitled to undertake.

C.

Initiation of request and fee. A property owner desiring to enter into a development agreement with the city shall make a written request for such development agreement to the Planning Official and pay the fee as is established by the City Commission. Such written request shall identify the lands which are desired to be subject to the development agreement and shall identify all legal and equitable owners having any interest in such property, and such ownership interests shall be certified by a title company or an attorney-at-law licensed to practice in the State of Florida. Any partnerships, corporations, joint ventures or other persons with interest in such partnerships, corporations or joint ventures shall be revealed.

D.

Preliminary City Commission review. Upon receipt of such a request, the Planning Official shall place the matter on the agenda of the City Commission, and the City Commission shall, in its discretion, determine whether or not it desires the Planning Official to pursue negotiations with the property owner relative to the entry into a development agreement. In the event that the City Commission determines not to proceed with further negotiations or discussions regarding the development agreement, the fee paid by the property owner shall be refunded. In the event that the City Commission instructs the Planning Official to proceed with further negotiations, the fee shall thereafter be nonrefundable, regardless of whether or not a development agreement is ultimately executed between the city and the property owner.

E.

Submission requirements. Upon the City Commission determining that it desires to proceed with further negotiations relative to a development agreement, the property owner shall promptly submit a development proposal for the subject property to include the following information:

(1)

Legal description of the lands to include identification of lands or out-parcels to be exempt from the agreement.

(2)

The persons, firms or corporations having a legal or equitable interest in the land.

(3)

The desired duration of the development agreement, but not exceeding three years.

(4)

The development uses desired to be permitted on the land, including population densities and building intensities and heights.

(5)

A description of all existing and proposed public facilities that will serve the land.

(6)

Identification of Land Use Plan district or Future Land Use Map amendments that will be required if the proposed development proposal were to be approved.

(7)

The Future Land Use Map and land use district designations of all abutting property; the complete names and addresses of all property owners abutting or lying within 200 feet of the subject property as currently listed in the Pinellas County records one week prior to the agreement application.

(8)

A certified property boundary survey prepared by a registered Florida surveyor no more than 12 months prior to the property owner's written request for the development agreement.

(9)

All environmentally sensitive lands, DEP jurisdictional wetlands and lands subject to the jurisdiction and regulations of the Southwest Florida Water Management District shall be shown on a survey of the property.

(10)

All existing and proposed utilities and the manner in which existing utilities will be extended to the site and/or expanded for the use of the development, including water, sewer, gas, electricity, CATV and other utilities.

(11)

A master drainage plan for the development indicating thereon the existing drainage features and land topography, along with, and superimposed thereon, the proposed drainage features indicating clearly the means by which the final developed land will collect, regulate and conduct the drainage runoff from the lands developed and tributary thereto.

(12)

The location, type, size and height of fencing, earth berms, retaining wall or screen planting to buffer abutting properties or as is otherwise required by city regulations.

(13)

A grading plan and, included therewith, the elevation requirements of the National Flood Insurance Program as applicable to the city.

(14)

A landscape plan and existing tree survey.

(15)

Any deed restrictions existing or being imposed upon the lands for development.

(16)

A list of all federal, state and local permit requirements.

(17)

Private or public parklands required or proposed for parkland impact fee purposes.

(18)

Any further information that the Planning Official may require because of the particular nature or location of the development.

(Amended 11-14-2022 by Ord. No. 2022-20, § 1)

A.

Review and report by Planning Official. The Planning Official and his/her staff shall review the development proposal of the property owner and shall meet and negotiate with the property owner regarding the appropriate development of the property and the terms and conditions on which said property should be developed as said Planning Official shall deem to be appropriate and necessary for the protection of the public interest. At such time as the property owner and the Planning Official have reached tentative agreement as to the terms and conditions of the development agreement or the Planning Official deems that no further negotiations would be useful because of the unlikely possibility of reaching a concurrence on the terms and conditions of a development agreement, the Planning Official shall report the status of such negotiations to the City Commission. Such tentative agreement shall not give rise to any development rights or equitably or legally vest any development rights in the property owner.

B.

Review and direction by City Commission. In the event that the Planning Official and the property owner have negotiated the terms of a mutually acceptable development agreement, the essential terms of that development agreement shall be presented in an outline form to the City Commission. Said City Commission shall review the same and shall, if it determines to proceed further with completion of the development agreement by vote of not less than four members of the City Commission, direct the City Attorney to reduce said development terms to contractual form for further consideration by the City Commission. This direction shall in no manner whatsoever obligate the City Commission to ultimately approve a development agreement or to approve any of the matters outlined to it by the Planning Official as to any specific term or condition.

C.

Determination to terminate or proceed by City Commission. In the event that the Planning Official and the property owner have not negotiated a mutually satisfactory development agreement, the Planning Official shall notify the City Commission and the development agreement process as to the particular land shall be concluded unless by a concurring lot of four members of the City Commission, the City Commission shall direct that negotiations shall continue. A further development agreement application on the same property may be submitted no sooner than one 180 calendar days from the date of the Planning Official's notification of the City Commission that the previous development agreement application was terminated for failure to reach a mutually satisfactory agreement or the City Commission has concluded consideration of the development agreement, whichever is later.

A.

Public hearings. At such time as the City Attorney has reduced the terms of the proposed development agreement to written contractual form, the Planning Official shall transmit such development agreement to the City Commission with his/her written recommendation regarding adoption of the development agreement. The City Commission shall then conduct not fewer than two public hearings on the question of entering into said development agreement. Said public hearing shall be advertised in a newspaper of general circulation in Pinellas County, and such notice shall be advertised approximately 14 days before each public hearing. Notice of intent to consider said development agreement shall also be mailed to all property owners abutting the subject land or lying within 200 feet of the subject land not less than 14 days prior to the first hearing. The applicant for the development agreement shall furnish an updated listing of the complete names and addresses of the affected owners. The day, time and place at which the second public hearing will be held shall be announced at the first public hearing. Said notice shall specify the location of the land subject to the development agreement, the development uses proposed on the property, the proposed population densities and building heights and shall specify where a copy of the proposed agreement can be obtained. At public hearings, the City Commission shall accept any public comment on the terms of the development agreement.

B.

Local Planning Agency review. Prior to the first public hearing, the proposed development agreement shall have been reviewed by the Local Planning Agency, and its recommendation shall have been provided to the City Commission. In the event that the Local Planning Agency has failed to provide a recommendation to the City Commission within 45 days from the date that such development agreement has been submitted to it for action, this requirement may be waived by the City Commission.

C.

City Commission action. At the meeting at which the second public hearing is held, or at any subsequent meeting thereafter, the City Commission may, by vote of not less than four members of the City Commission, approve the form and execution of a development agreement.

(Amended 11-14-2022 by Ord. No. 2022-20, § 2)

A.

Content. Any development agreement approved under the provisions of this code shall contain not less than the following requirements:

(1)

A legal description of the land subject to the agreement and the identification of all persons having legal or equitable ownership therein.

(2)

The duration of the development agreement, which duration shall not exceed three years, but which may be extended by mutual consent of the city and the property owner, said extension being subject to the public hearing process necessary for the initial approval of said development agreement.

(3)

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

(4)

A site plan containing such information as is otherwise required by this code. All the requirements of the site plan process and submittal shall be integrated with and approved concurrently with the development agreement.

(5)

A description of the public facilities that will service the development, including designation of the entity or agency that shall be providing such facilities. Additionally, if new facilities are needed to serve the project, the date by which such facilities will be constructed and a schedule to assure that public facilities shall be available concurrent with the impacts of the development will be provided. The development agreement may provide for a letter of credit to be deposited with the city to secure the construction of any new facilities that are required to be constructed. Alternatively, such construction may be a condition precedent to the issuance of any building permits or other development permissions. In the event that the new public facilities are in place and operating at the time development permits are requested, no such letter of credit shall be necessary unless such facilities are not adequate for the project.

(6)

A description of any reservation or dedication of land for public purposes. The development agreement shall provide specifically how the land dedication code obligation for the project, if any, is to be met. In the event that land is to be conveyed to the city in discharge of the land dedication code obligation, the development agreement will provide that such conveyance will be by warranty deed and will be accompanied by a title insurance policy (at the expense of the property owner) in an amount not less than the fair market value of the land.

(7)

Development permits.

(a)

A description of all local development permits approved or needed to be approved for the development of the land, specifically to include at least the following: any required future land use plan map amendments, any required submissions to the Pinellas County Planning Council or to the Department of Community Affairs, any required permissions of the State of Florida Department of Environmental Protection, the United States Corps of Army Engineers, the Southwest Florida Water Management District, the United States Environmental Protection Agency and any other governmental permissions that are required for the project.

(b)

The development agreement shall specifically provide that said development permissions will be obtained at the sole cost of the property owner and that, in the event that any development permissions are not received, no further development of the property shall be allowed until such time as the City Commission has reviewed the matter and determined whether or not to terminate the development agreement or to modify it in a manner consistent with the public interest. Under these conditions, action in reliance on the development agreement or expenditures in pursuance of its terms or any rights accruing to the property owner thereunder, shall not vest any development rights in the property owner, nor shall it constitute partial performance entitling the property owner to a continuation of the development agreement.

(c)

A specific finding in the development agreement that the development permitted or proposed is consistent with the city's Comprehensive Land Use Plan and the Land Development code of the City of Belleair Bluffs or that, if amendments are necessary to the land use plan designations on the subject property, such development agreement is contingent upon those amendments being made and approved by the appropriate governmental agencies.

(d)

The City Commission may provide for any conditions, terms, restrictions or other requirements determined to be necessary for the public health, safety or welfare of its citizens, and such conditions, terms or restrictions may be more onerous or demanding than those otherwise specifically required by the land development standards then existing in the City of Belleair Bluffs and may provide for off-site improvements, screening, buffering, setbacks, building height restrictions, land coverage restrictions and similar types of matters that would not otherwise be required of the development under the existing city ordinances and regulations.

(e)

A statement indicating that failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the property owner of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions and that any matter or thing required to be done under existing ordinances of the City of Belleair Bluffs shall not be otherwise amended, modified or waived unless such modification, amendment or waiver is expressly provided for in said development agreement with specific reference to the code provision so waived, modified or amended.

(f)

At the City Commission's discretion, the development agreement may provide that the entire development or any phase thereof be commenced or be completed within any specific period of time and may provide for penalties in the nature of monetary penalties, the denial of future building permits, the termination of the development agreement or the withholding of certificates of occupancy for the failure of the property owner to comply with any such requirement.

B.

Execution. All development agreements shall be executed by all persons having legal or equitable title in the subject property, including the fee simple owner and any mortgagees, unless the City Attorney approves the execution of the development agreement without the necessity of such joinder or subordination on a determination that the substantial interests of the city will not be adversely affected thereby. A development agreement is determined to be a legislative act of the city in the furtherance of its powers to zone and regulate development within its boundaries and, as such, shall be superior to the rights of existing mortgagees, lien holders or other persons with a legal or equitable interest in the subject property, and the development agreement and the obligations and responsibilities arising thereunder on the property owner shall be superior to the rights of said mortgagees or lien holders and shall not be subject to foreclosure under the terms of mortgages or liens entered into or recorded prior to the execution and recordation of the development agreement.

(Amended 11-14-2022 by Ord. No. 2022-20, § 3)

A.

City ordinances prevail subject to development agreement. The ordinances and regulations of the city governing the development of the land at the time of the execution of any development agreement provided for hereunder shall continue to govern the development of the land subject to the development agreement for the duration of the development agreement. At the termination of the duration of the development agreement, all then existing codes shall become applicable to the project regardless of the terms of the development agreement, and said development agreement shall be modified accordingly. The application of such laws shall not include any fee structure, including any impact fees, then in existence or thereafter imposed.

B.

Ordinances and policies subsequently adopted. The city may apply ordinances and policies adopted subsequently to the execution of the development agreement to the subject property only if the city has held a public hearing and determined that such new ordinances and policies are:

(1)

Not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities or densities as allowed under the terms of the development agreement;

(2)

Essential to the public health, safety and welfare and expressly state that they shall apply to a development that is subject to a development agreement;

(3)

Specifically anticipated and provided for in the agreement; and the city demonstrates that substantial changes have occurred in pertinent conditions existing at the time for the approval of the development agreement or the development agreement is based on substantially inaccurate information supplied by the developer.

C.

Specific provision for ordinances and policies of general application. All development agreements shall specifically provide that subsequently adopted ordinances and policies of general application in the city, specifically including impact fees, shall be applicable to the lands subject to the development agreement and that such modifications are specifically anticipated in the development agreement.

D.

Compliance with subsequently adopted state and federal laws. In the event that state and federal laws are enacted after the execution of a development agreement which are applicable to and preclude the parties' compliance with the terms of the development agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws, such modification or revocation to take place only after the notice provisions provided for the adoption of a development agreement have been complied with. Such persons as are defined by state law shall have standing to enforce the development agreement.

(Amended 11-14-2022 by Ord. No. 2022-20, § 4)

A.

Annual review for compliance. The city shall review all lands within the city subject to a development agreement not less than once every 12 calendar months to determine if there has been demonstrated good faith compliance with the terms of the development agreement. The Planning Official shall report his/her findings to the City Commission. In the event that the city finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the city upon 30 days' notice to the property owner as shown on the records of the Property Appraiser of Pinellas County. Such termination or amendment shall be accomplished only after public hearing and notice as is herein required for the adoption of a development agreement. Amendment or cancellation of the development agreement by mutual consent of the city and the property owner may be accomplished following notice requirements required for initial adoption of the development agreement as is above set forth.

B.

Development agreement to be recorded with Clerk of the Circuit Court. Not later than 14 days after the execution of a development agreement, the city shall record said agreement with the Clerk of the Circuit Court in Pinellas County, and a copy of the recorded development agreement shall be submitted to the State Land Planning Agency within 14 days after the agreement is recorded. The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

(Amended 11-14-2022 by Ord. No. 2022-20, § 5)