The city council may, in its sole discretion, decide to enter into development agreements in accordance with the provisions of this chapter and applicable state law.

(Code 2001, § 91-1; Ord. No. O-02-2011, § 1, 7-19-2011)

A proposed development agreement may be presented to the city council upon payment of an application fee of $3,500.00, plus reimbursement, to the city of all reasonable and necessary consultants and legal fees. The application shall set forth all of the items required to be included in a development agreement pursuant to this chapter and applicable state law.

(Code 2001, § 91-2; Ord. No. O-02-2011, § 1, 7-19-2011)

Before entering into, amending or revoking a development agreement, the city shall conduct at least two public hearings. At the option of the city council, one of the public hearings may be held by the planning and zoning board.

(Code 2001, § 91-3; Ord. No. O-02-2011, § 1, 7-19-2011)

Notice of intent to consider a development agreement shall be provided as follows:

(1)

By mail, at least seven days before the public hearing, to all affected property owners within 300 feet of the property boundary of the subject property. The day, time, and place which the second public hearing will be held shall be announced at the first public hearing.

(2)

By publication, at least seven days before the public hearing, in a newspaper of general circulation and readership in the county.

(3)

Notice shall specify the location of the land subject to the development agreement; the proposed development uses; the proposed population densities; the proposed building densities and height; and shall specify a place where a copy of the proposed development agreement can be obtained.

(4)

By posting appropriate signage per the applicable provisions of the city's land development regulations.

(Code 2001, § 91-4; Ord. No. O-02-2011, § 1, 7-19-2011)

Notice of intent to consider a development agreement shall be provided as follows:

(1)

By mail, at least seven days before the public hearing, to all affected property owners within 300 feet of the property boundary of the subject property. The day, time, and place which the second public hearing, if required, will be held shall be announced at the first public hearing.

(2)

By publication, at least seven days before the public hearing, in a newspaper of general circulation and readership in the county.

(3)

Notice shall specify the location of the land subject to the development agreement; the proposed development uses; the proposed population densities; the proposed building densities and height; and shall specify a place where a copy of the proposed development agreement can be obtained.

(4)

By posting appropriate signage per the applicable provisions of the city's land development regulations.

(Code 2001, § 91-5; Ord. No. O-02-2011, § 1, 7-19-2011)

In reaching a decision as to whether or not the development agreement should be approved, approved with changes, approved with conditions, or disapproved, the city council shall determine:

(1)

Whether the development agreement and the authorized development is consistent with the city's comprehensive plan and land development regulations; and

(2)

Whether it furthers the public health, safety and welfare to enter into the development agreement.

(Code 2001, § 91-6; Ord. No. O-02-2011, § 1, 7-19-2011)

(a)

An approved development agreement shall contain, at a minimum, the following items:

(1)

A legal description and boundary sketch of the land subject to the development agreement, and the names of its legal and equitable owners;

(2)

The duration of the agreement;

(3)

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

(4)

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

(5)

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

(6)

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

(7)

Findings to show how the development permitted or proposed is consistent with the city's comprehensive plan and land development regulations;

(8)

A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the city for the public health, safety or welfare of its citizens; and

(9)

A statement indicating that the failure of the development 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.

(b)

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

(Code 2001, § 91-7; Ord. No. O-02-2011, § 1, 7-19-2011)

The duration of a development agreement may not exceed 30 years. It may be extended by mutual consent of the city and the developer, subject to a public hearing before the city council in accordance with section 109-3.

(Code 2001, § 91-8; Ord. No. O-02-2011, § 1, 7-19-2011)

A development agreement and authorized development shall be consistent with the city's comprehensive plan. 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.

(Code 2001, § 91-9; Ord. No. O-02-2011, § 1, 7-19-2011)

The city's laws and policies governing the development of the land at the time of the execution of the development agreement shall govern the development of the land for the duration of the development agreement. The city may apply subsequently adopted laws and policies to a development that is subject to a development agreement only if the city council has held a public hearing and determined:

(1)

They are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities or densities in the development agreement;

(2)

They are essential to public health, safety and welfare and expressly state that they shall apply to a development that is subject to a development agreement;

(3)

They are specifically anticipated and provided for in the development agreement;

(4)

Substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement;

(5)

The development agreement is based on substantially inaccurate information supplied by the developer; or

prior to conducting a public hearing to consider the application of subsequently adopted laws and policies in accordance with F.S. § 163.3233, the city shall provide, except in case of emergency, a 30-day written notice to all parties to the development agreement. This provision does not abrogate any rights that may vest pursuant to common law.

(Code 2001, § 91-10; Ord. No. O-02-2011, § 1, 7-19-2011)

The city shall record the development agreement, within 14 days of entering into the development agreement, with the clerk of the circuit court of the county. A development agreement is not effective until it is properly recorded in the public records of the county. The burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement.

(Code 2001, § 91-11; Ord. No. O-02-2011, § 1, 7-19-2011)

The city council shall review land subject to a development agreement at least once every 12 months to determine if there has been a demonstration of good faith compliance with the terms of the development agreement. If the city council finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the city council may revoke or modify the development agreement.

(Code 2001, § 91-12; Ord. No. O-02-2011, § 1, 7-19-2011)

In the event that state or 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 development agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws. Such modification or revocation shall occur only after the notice and public hearing pursuant to this chapter.

(Code 2001, § 91-13; Ord. No. O-02-2011, § 1, 7-19-2011)

Any party or any aggrieved or adversely affected person as defined in F.S. § 163.3215(2), as may be amended from time to time, may file an action for injunctive relief in the circuit court of the county to enforce the terms of a development agreement or to challenge compliance of the development agreement with the provisions of this chapter and F.S. §§ 163.3220—163.3243, as may be amended from time to time.

(Code 2001, § 91-14; Ord. No. O-02-2011, § 1, 7-19-2011)