The purpose and intent of this article is accomplished by authorizing development agreements to be entered into between a developer and the City of Jacksonville Beach pursuant to the terms of this article to ensure adequate environmental protection, and the adequacy of public facilities and sound capital improvement planning, while providing certainty in the process of obtaining development permits and reducing the economic costs of development by providing greater regulatory certainty.

The City Council of Jacksonville Beach has the authority to adopt this article pursuant to Fl. Const. Art. VIII, Sec. 2, the Jacksonville Beach Charter, F.S. § 166.01 et seq., F.S. § 163.3161 et seq., and F.S. § 163.3202 et seq.

(a)

Submission of application. An application for a development agreement and a proposed development agreement shall be submitted to the planning and development department in conjunction with or after any application for development permit, on a form provided by the planning and development department and made available to the public. The application shall be accompanied by a fee established by the city council from time to time for the filing and processing of each application. The fee shall be non-refundable. If an application for a development agreement is submitted in conjunction with another application for development permit or an application for a certificate of public facilities reservation, the applicant may elect to have the application for a development agreement processed concurrent with the other application.

(b)

Determination of sufficiency. Within fifteen (15) working days of the submission of the application and the proposed development agreement, the planning and development department shall determine whether the application is sufficient and includes the data necessary to evaluate the application.

(1)

If it is determined that the application is not sufficient, written notice shall be served on the applicant specifying the deficiencies. The planning and development department shall take no further action on the application unless the deficiencies are remedied.

(2)

If the application is determined sufficient, the planning and development department shall notify the applicant in writing, of the application's sufficiency, and that the application is ready for review pursuant to the procedures and standards of this article.

(3)

Determination of legal sufficiency. After the planning and development department determine the development agreement is sufficient, the city's attorney shall review the agreement prior to consideration by the approving body.

(c)

Staff review and recommendation. Within thirty (30) working days of a determination that an application is sufficient and after the agreement has been agreed upon by all parties in concept, city staff shall prepare and file with the planning and development department a city staff report and recommendation on the application and proposed development agreement. A report shall not be drafted by the planning and development department on agreements that the city will not agree to.

(d)

Report by planning and development department. Within fifteen (15) working days after receiving city staff comments, the planning and development department shall review the application and the proposed development agreement, and prepare a report and recommendation to the city council as to whether the application and proposed development agreement complies with the standards of section 34-1003. Upon its completion, the report and recommendation shall be sent to the applicant by the planning and development department.

(e)

Decision by city council.

(1)

Two (2) public hearings. After the planning and development department has made a recommendation on the application and proposed development agreement, the application and proposed development agreement shall be considered at two (2) public hearings. At the first public hearing, city council shall review the application, proposed development agreement, and recommendation by the planning and development department, and public testimony. The second public hearing shall be before the city council who, after review and consideration of the application, the proposed development agreement, and public testimony, shall approve, approve with conditions, or disapprove the development agreement. The second public hearing shall be a minimum of seven (7) days after the first public hearing. The day, time, and place of the second public hearing shall be announced at the first public hearing.

(2)

Notice.

a.

General requirement. Notice of intent to consider the application and proposed development agreement shall be advertised by the city publishing an advertisement approximately seven (7) days before each public hearing on the application in a newspaper of general circulation and readership in Jacksonville Beach. Notice of intent to consider the application and proposed development agreement shall also be mailed to all affected property owners before the first public hearing and the day, time, and place at which the second hearing will be held shall be announced at the first public hearing.

b.

Form. The form of the notices of intention to consider adoption of a development agreement shall specify:

1.

Time and place. The time and place of each public hearing on the application;

2.

Location. The location of the land subject to the proposed development agreement;

3.

Uses and intensities. The development uses proposed on the property, including the proposed population densities and proposed building intensities and height;

4.

Where copy can be obtained. Instructions for obtaining further information regarding the application and proposed development agreement, including where a copy of the proposed development agreement can be obtained.

(3)

Decision. At the conclusion of the second public hearing, and based upon consideration of the application and the proposed development agreement, the recommendation of the planning and development department, and public testimony received during the public hearing, the city council shall approve, approve with conditions, or deny the proposed development agreement based upon whether it complies with the standards in section 34-1003.

A development agreement shall, at a minimum, include the following provisions:

(a)

Legal description and owner. A legal description of the land subject to the development agreement and the names of the legal and equitable owners.

(b)

Duration. The duration of the development agreement, which shall not exceed five (5) years, or the time limits which F.S. § 163.3220 et seq., the Local Government Development Agreement Act provides, whichever is greater.

(c)

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

(d)

Future land use designation. The land use designation of the property under the future land use element of the comprehensive plan.

(e)

Zoning district designation. The current zoning district designation of the land subject to the development agreement.

(f)

Public facility adequacy. A description of public facilities that will service the development, including who shall provide such public facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impact of the development. Any public facilities to be designed and/or constructed by the developer shall be in compliance with all applicable federal, state, and city standards to ensure the quality of the public facilities. The standards shall include, but not be limited to, guarantees of performance and quality, and project controls (including scheduling, quality controls, and quality assurances).

(g)

Reservation or dedication of land. A description of any reservations or dedications of land for public purposes.

(h)

Local development permits. A description of all local development permits approved or needed to be approved for development of the land, specifically, to include at least the following:

(1)

Any required amendments to the comprehensive plan.

(2)

Any required amendments to the LDC.

(3)

Any required other amendments to the official zoning map.

(4)

Any other development permits under the LDC.

(5)

Any other required permissions from regional, state or federal governments.

(i)

Local development permits obtained by applicant/property owner. The development agreement shall specifically provide that all local development permits identified in section 34-1003 shall be obtained at the sole cost of the applicant/property owner and, that in the event that any such local development permits are not received, no further development of the property shall be allowed until such time as the city council 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 and the comprehensive plan.

(j)

Consistency with comprehensive plan. A finding that the development permitted or proposed in the development agreement is consistent with the comprehensive plan.

(k)

Consistency with Land Development Code. A finding that the development permitted or proposed in the development agreement is consistent with the LDC.

(l)

Compliance with laws not identified in development agreement. A statement indicating that failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the applicant 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 Jacksonville Beach shall not be otherwise amended, modified or waived unless such modification, amendment or waiver is expressly provided for in the development agreement with specific reference to the code provisions so waived, modified or amended; and

(m)

Conditions necessary to ensure compliance with code and comprehensive plan. Such conditions, terms, restrictions or other requirements determined to be necessary by the city council to ensure compliance with the LDC and consistency with the comprehensive plan.

A development agreement shall be executed by all persons having legal or equitable title in the land subject to the development agreement, including the fee simple owner and any mortgagees.

A development agreement is determined to be a legislative act of Jacksonville Beach in the furtherance of its powers to plan and regulate development, 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 land subject to 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.

Within thirty (30) calendar days after the city enters into a development agreement, the clerk to the city council shall record the executed development agreement in the public records of the Clerk of the Circuit Court, Duval County. If the development agreement is amended, canceled, modified, extended, or revoked, the clerk shall have notice of such action recorded in the public records.

The Jacksonville Beach laws and policies set down in the development agreement as 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, except that Jacksonville Beach may apply subsequently adopted laws and policies to a development that is subject to a development agreement if the city council holds a public hearing pursuant to the requirements of this article and determines any one (1) of the following:

(a)

The laws and policies 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; or

(b)

The laws and policies 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; or

(c)

The laws and policies are specifically anticipated and provided for in the development agreement; or

(d)

It is demonstrated that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or

(e)

It is demonstrated that the development agreement is based on substantially inaccurate information supplied by the developer.

(a)

Annual review. The city council shall review the development subject to the development agreement as needed.

(b)

Initiation. The annual review shall be initiated by the developer subject to the development agreement. The initial annual report shall be submitted by the developer eleven (11) months after the effective date of the development agreement, and every twelve (12) months thereafter.

(c)

Compliance. If the planning and development department finds and determines that the developer has complied in good faith with the terms and conditions of the development agreement during the period under review, the review for that period is concluded.

(d)

Failure to comply. If the planning and development department makes a preliminary finding that there has been a failure to comply with the terms of the development agreement, the development agreement shall be referenced to the city council, who shall conduct two (2) public hearings pursuant to the requirements of section 34-813, at which the developer may demonstrate good faith compliance with the terms of the development agreement. If the city council finds and determines during the public hearings, on the basis of substantial competent evidence, that the developer has not complied in good faith with the terms and conditions of the development agreement during the period under review, the city council may modify or revoke the development agreement.

A development agreement may be amended or canceled by mutual consent of the parties to the development agreement, or by their successors in interest. Prior to amending a development agreement, the city council shall hold two (2) public hearings on the proposed amendment, consistent with the requirements of section 34-813.

In the event that state and federal laws are enacted after the execution of a development agreement which are applicable to and preclude the party's 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 section 34-813.

Any party or any aggrieved or adversely affected person may file an action for injunctive relief in the Circuit Court for Duval County to enforce the terms of a development agreement or to challenge compliance of the development agreement with the provisions of this article and F.S. § 163.3220.