(a)

The city council shall have the authority to enter into development agreements with the legal and equitable owners of real property within, or to be annexed within, the city limits of Gulfport as provided for in F.S. ch. 163, and as further set forth under the terms of this article.

(b)

The entry into a development agreement by the city shall not limit or modify any legislative power by the city to adopt ordinances, resolutions, regulations or to make administrative or legislative decisions of any kind which it had the power to make prior to the entry into such development agreement, except to the degree that the development agreement, by its express terms and not by implication, gives vested rights as to certain development permissions, required improvements and similar matters.

(c)

A development agreement and authorized development shall be consistent with the city's comprehensive plan and land development regulations. No development agreement shall be effective or implemented unless all plan amendments required by said agreement are found in compliance by the state land planning agency in accordance with F.S. ch. 163.

(d)

The duration of a development agreement shall not exceed twenty (20) years. It may be extended by mutual consent of the city council and the developer, subject to a public hearing in accordance with the requirements of this article and a review for compliance with current city ordinances and regulations.

(e)

A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest subject to a public hearing in accordance with the requirements of this article.

(f)

The city's ordinances and regulations governing the development of the land at the time of the execution of the development agreement, with the exception of any fee structure, including impact fees, shall govern the development of the land for the duration of the development agreement. The city may apply subsequently adopted local ordinances and regulations to a development that is subject to a development agreement only if the city council determines the following after undertaking a public hearing and considering all evidence presented at the public hearing:

(1)

The subsequently adopted ordinances and regulations are not in conflict with the development agreement and do not prevent development of the land uses, intensities or densities in the development agreement;

(2)

The subsequently adopted ordinances and regulations are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement;

(3)

The subsequently adopted ordinances and regulations are specifically anticipated and provided for in the development agreement;

(4)

The city demonstrates, that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or

(5)

The development agreement is based upon substantially inaccurate information supplied by the applicant for development agreement.

(g)

If 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 agreement shall be modified or revoked as necessary to comply with the relevant state or federal laws.

(Ord. No. 2010-16, § 1, 11-2-11)

(a)

A property owner desiring to enter into a development agreement shall make application through the planning department and pay the required fee.

(b)

Upon receipt of an application for development agreement, the city manager shall request authorization from the city council to negotiate with the applicant.

(c)

Upon authorization from the city council to negotiate, the applicant shall submit a development proposal consisting of the following minimum information:

(1)

Required additional review fee;

(2)

Legal description, including the identification of outparcels to be exempt from the agreement;

(3)

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

(4)

The desired duration of the development agreement not to exceed twenty (20) years;

(5)

The development uses desired, including residential density, building intensity, and building height;

(6)

An analysis of the impact upon existing and proposed public facilities and services; including who shall provide such facilities, the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities and services are available concurrent with the impacts of the development;

(7)

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

(8)

A description of all city development approvals necessary, including any zoning or land use modifications required;

(9)

Accurate survey of boundary and existing conditions including but not limited to easements, streets, buildings, land uses, historic sites, zoning, wetlands, watercourses, utilities, general topographic contours, and existing zoning and land uses for all contiguous properties;

(10)

A preliminary master drainage and grading plan;

(11)

The location of proposed buffers or screening;

(12)

An existing tree survey;

(13)

A conceptual master plan showing the locations and acreage of general land uses including dwelling unit types, general types of nonresidential uses; open spaces, recreational facilities and other proposed uses;

(14)

Circulation plan showing locations and types of all access points and internal streets;

(15)

Proposed development phasing;

(16)

A list of federal, state and local permit requirements;

(17)

Documentation that all requirements for site plan submission (section 22-7.03) have been met;

(18)

Any further information deemed necessary to conduct a complete review of the proposal.

(d)

A review of the development proposal shall be scheduled within thirty (30) days and conducted by the site plan review committee (SPRC) to determine compliance with city land development regulations and that the development is consistent with the local comprehensive plan. The development proposal shall be amended as necessary to comply with the requirements of the site plan review committee (SPRC).

(e)

Once compliance with city land development regulations has been determined by the site plan review committee the development proposal shall be transmitted to the city manager for negotiation. The city manager and his staff shall review the development of the property and the terms and conditions which are necessary to protect the public interest.

(f)

The city manager shall report the status of negotiations to the city council within ninety (90) days of SPRC compliance.

(1)

In the event that the city manager 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 council. The council shall review the same and shall, if it determines to proceed further with completion of the development agreement by an affirmative vote of not less than three (3) members, direct the city attorney to reduce the said development terms to contractual form for further consideration by the council. This direction shall in no manner whatsoever obligate the council to ultimately approve a development agreement or to approve any of the matters outlined to it by the city manager as to any specific term or condition.

(2)

In the event that the city manager and the property owner have not negotiated a mutually satisfactory development agreement, the city manager shall so notify the city council and the development agreement process as to the particular land shall be concluded unless by an affirmative vote of three (3) members of the council shall direct that negotiations shall continue. A further development agreement application on the same property may be submitted no sooner than one hundred eighty (180) calendar days from the date the council concluded consideration of the development agreement.

(g)

At such time as the city attorney has reduced the terms of the proposed development agreement to written contractual form, the city manager shall provide the planning department with a written recommendation regarding adoption of the development agreement.

(h)

The local planning agency may conduct the first public hearing on the proposed development agreement and forward a recommendation to the city council.

(i)

The city council shall conduct the second public hearing to determine final action on the proposed development agreement. The council may, by an affirmative vote of not less than three (3) members, approve the form and execution of the development agreement by resolution.

(j)

Within fourteen (14) days after the city enters into a development agreement, the city shall record the agreement with the clerk of the circuit court in the county. A copy of the recorded development agreement shall be submitted to the state land planning agency within fourteen (14) days after the agreement is recorded. The development agreement shall not be binding until proper recording, and until thirty (30) days after having been reviewed by the state land planning agency. A development agreement shall be binding upon all successors in interest to the parties of the agreement.

(k)

The city shall review land subject to a development agreement once every twelve (12) months to determine if there has been good faith compliance with the terms of the development agreement. If the city makes a finding 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 after a public hearing held in accordance with the requirements of this article.

(l)

For each annual review conducted during years six (6) through ten (10) of a development agreement, a written report shall be submitted to the parties to the agreement and the state land planning agency in accordance with rules adopted by that agency.

(m)

Such persons are defined by F.S. ch. 163, shall have standing to enforce a development agreement.

(Ord. No. 2010-16, § 2, 11-2-11)

(a)

Before entering into, amending, or revoking a development agreement, the city shall conduct a minimum of two (2) public hearings.

(b)

Notice of intent to consider a development agreement shall be advertised approximately seven (7) days before each public hearing in a newspaper of general circulation and readership in the county. A notice of the first public hearing shall be mailed to the applicant and owners of property located within three hundred (300) feet of any part of the property that is the subject of the application, as determined from the latest county real property records available to the city approximately seven (7) days in advance. A sign providing notice of the hearing shall be posted on the subject property(ies) and it shall be unlawful and a violation of this Code of Ordinance, punishable as provided in this Code, for any person to remove or tamper with said sign during the time period as may be established for the maintenance of said notice.

(c)

The 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 the proposed building intensities and height and shall specify a place where a copy of the proposed agreement can be obtained.

(Ord. No. 2010-16, § 3, 11-2-11; Ord. No. 2011-06, § 1, 4-19-11)

(a)

Any development agreement approved under the provisions of this Code shall include the following minimum requirements:

(1)

A legal description of the land subject to the 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 intensities and height;

(4)

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;

(5)

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

(6)

A description of all development permits approved or needed to be approved for the development of the land, including but not limited to the following:

a.

Any required comprehensive plan amendments;

b.

Any required zoning amendments;

c.

Site plan approval;

d.

Any required approvals, permits or authorizations from the county, the state department of transportation, Southwest Florida Water Management District, state department of environmental regulation, state department of natural resources, U.S. Army Corps of Engineers, department of health and rehabilitative services, Tampa Bay Regional Planning Council, Pinellas Planning Council, department of community affairs, or any other agency with competent jurisdiction;

e.

A statement that said development permits will be obtained at the sole cost of the applicant, and in the event that any development permissions are not received, that no further development of the property shall be allowed until such time as the city has reviewed the matter and determined whether to modify or terminate the agreement. Under these conditions, actions in reliance to the development agreement shall not vest any development rights in the property.

(7)

A finding that the development permitted or proposed is consistent with the comprehensive plan and land development regulations, and that if amendments are necessary to the zoning or land use designations, that such development agreement is contingent upon those amendments being made and approved by the appropriate governmental agencies;

(8)

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

(9)

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, term or restriction;

(10)

Phasing and phase timing.

(b)

Development agreements shall be executed by all persons having legal or equitable title in the subject property, including the fee simple owner, any contract purchasers and mortgagees; or include joinders or subordination.

(c)

A development agreement shall be a legislative act in the furtherance of the city's powers to zone and regulate development within its jurisdiction.

(Ord. No. 2010-16, § 4, 11-2-11)