(1)

In order to develop land in the city, one (1) or more of the following procedures are required depending upon the specifics of the case; all but (a), comprehensive plan amendment, are potentially considered development permit applications by state statute:

(a)

Comprehensive plan amendment;

(b)

Rezoning: Map change or land development code text change;

(c)

Subdivision plat approval or plat amendment;

(d)

Site plan approval (including conditional use);

(e)

Development of Regional Impact (DRI);

(f)

Variance;

(g)

Building permit.

This article explains the review procedures and criteria necessary to receive all of these development permits except a building permit which is found in chapter 6. In addition, sign permits are covered in section 101-141. Section 101-62 explains how landscape plans relate to development permits and section 101-93 does the same for flood hazard plans.

In addition to the development review procedures contained in this article, all development projects must also receive a concurrency review in conformance with article XI to determine public facility capacity adequacy.

(1)

Purpose. The site plan is the key land development review mechanism for all development permits other than a single-family and duplex dwellings. It is intended to assure adequate site design and relationship to adjacent development and public facilities. Any conditional use requirements shall be reviewed in conjunction with the site plan review.

(2)

Review criteria. The city shall evaluate the site plan as it relates to the city's codes and conformance to the other requirements of this chapter. The following standards shall be utilized in the review and evaluation of required site plans, which shall contain adequate information to permit such reviews:

(a)

Garbage and refuse containers: Garbage or refuse shall be stored only within a building or within a fully enclosed dumpster or other container, including a top which shall be kept securely closed. The containers shall be effectively screened from public view by a wall or fence that completely surrounds the container. The location shall be readily accessible to solid waste trucks. Storage and disposal of hazardous wastes (if any) shall be explained and in conformance with Monroe County requirements.

(b)

Fire protection system: All proposed development shall provide an adequate number of properly located fire hydrants and an efficient access arrangement for the types of emergency fire vehicles needed to serve the development.

(c)

Height restrictions, plot size, yard setbacks: See applicable zoning districts in article III.

(d)

Parking: See article V of this code.

(e)

Landscaping requirements: See article VI of this code.

(f)

Environmental and drainage: See article VII of this code.

(g)

Signs: See article X of this code.

(h)

Bike racks: Required at convenience retail stores.

(i)

Architectural review criteria: The planning and zoning committee and the city commission shall evaluate the elevations, floor plans, renderings, building materials, building colors and signs submitted by the applicant in terms of the following criteria:

1.

General criteria: A site plan (or building permit under section 101-28) shall be approved only if it meets the following general appearance criteria:

a.

Design quality: The plan for the proposed structure or project is in conformity with good taste, good design, and in general contributes to the image of the city as a place of beauty, spaciousness, harmony, taste, fitness, vistas and high quality.

b.

Impact: The proposed structure or project is not, in its exterior design and appearance, of inferior quality such as to cause the surrounding properties to materially depreciated in appearance and value.

c.

Harmony: The proposed structure or project is in harmony with the existing and proposed structures in the general area, with code requirements pertaining to site plan, signage and landscaping, and the comprehensive plan for the city, and with the specific criteria set forth herein.

d.

Water orientation: Non-residential uses located on the waterfront shall have maximum orientation to the water whether views, pedestrian access or water related usage.

2.

Specific criteria:

a.

Street facades: Any facade visible from a public right of way shall have windows, doors and other design features to avoid a blank, unbroken wall.

b.

Colors: Colors that are traditional to the Keys and Florida coastal areas shall be used. Building trim (e.g. window and door frames, facia, etc.) shall be painted complimentary colors. Signs and awnings shall also be complimentary and coordinated colors.

c.

Building design: Buildings, which are of symbolic design for reasons of advertising, unless otherwise compatible with the criteria herein, shall not be approved.

d.

Symbols and architectural features: All exterior building features or non-sign symbols shall be in conformity to and secondary to the building, and shall not provide advertising. They shall be an asset to the aesthetics of the site and to the neighborhood.

e.

Soft awnings and canopies: Soft, retractable, flameproof awnings are encouraged. Awnings are permitted only over windows and doors and shall not interfere with the architectural design of the building. They shall be compatible in color and design with the building. Canopies shall run the entire length of the first floor, if used.

(3)

Site plan review procedure.

(a)

Building official: The site plan shall be submitted to the building official who shall make certain that a complete application has been provided.

(b)

Planning and zoning committee: Will review all site plans for conformance with the requirements of this chapter and other applicable city regulations and make recommendations to the city commission. A public hearing shall be held by the committee.

(c)

City commission: Must approve all site plans prior to the issuance of a building permit. A public hearing is optional on the part of the commission.

(d)

Effective period: A building permit application must be submitted with twelve (12) months of site plan approval otherwise the approval expires. An extension of up to twelve (12) months may be granted by the city commission for good cause.

(4)

Items to be shown on site plan. Data furnished on or accompanying a site plan shall be to scale and shall include the following information, and any other information deemed necessary by the chairperson of the planning and zoning committee:

(a)

Location map.

(b)

Legal description.

(c)

Site boundaries, clearly identified and tied to section corners.

(d)

Recent survey reflecting existing natural features, such as topography, mangroves, other vegetation, water bodies, and any existing structures and paved areas.

(e)

Proposed land uses, with indication of size, location and height of structures with dimensions to lot lines; existing land uses surrounding the site.

(f)

Vehicular circulation system for cars with indication of connection to trafficways.

(g)

Pedestrian circulation system.

(h)

Lighting plan for street and development site.

(i)

The following computations:

Gross acreage.

Number of dwelling units by number of bedrooms and density for residential uses only.

Square footage of ground covered by buildings.

Computation of pervious and impervious areas, in square footage and percentage.

Required and provided number of parking spaces.

(j)

Direction of drainage flows, retention/detention facilities, first floor elevation of each building and breakaway wall plan (if any) and uses to be enclosed therein.

(k)

Indication of existing native vegetation that will be preserved.

(l)

All adjacent rights-of-way, with indication of center line and width, paving width, street light poles and electric utility facilities, including easements.

(m)

Design features as follows:

Building separations and setbacks.

Location of all paved drives and parking areas, including centerlines, dimensions, radius and elevations, traffic signage and striping.

Sewer and water plans, including existing and proposed fire hydrant and fire well locations, main sizes, tie-ins to existing lines, manholes and lift stations, as applicable.

Schematic elevations of buildings, showing concealment of all mechanical or accessory equipment located on the roof.

Building floor plans and proposed building materials and colors. Front, side and rear elevations (with any wall signs) showing height to peak of roof.

Location of trash and garbage disposal system and provisions for accessibility to garbage trucks.

Adequate architectural screening of all trash and garbage disposal systems.

Loading areas and provisions for accessibility to vehicles of the required type; clearances.

Areas for emergency vehicles and fire engines, and provisions for fire lane accessibility for vehicles of the required type.

Entrance features, walls, buffers and ground signs, if applicable.

A colored and mounted rendering and colored elevations of the project (including signs and landscaping), which accurately depict the proposed development upon completion. An 8 × 10 color photograph of the rendering and elevations shall be presented to the building official at the time of approval by the city for the purposes of comparing the completed development with the rendering and elevations approved by the city commission.

(5)

Site plan amendment procedure. Once a site plan has been approved by the city commission for a property, any proposed change to specifications shown on the approved site plan shall be submitted to the building official for review and recommendation by the planning and zoning committee and approval by the city commission.

(Ord. No. 316-1998, 8-13-98)

(1)

Purpose. To supplement the concurrency, site plan and plat requirements for those projects with a major public facility or environmental impact. Submission requirements are equally applicable to public or private projects.

(2)

When required. A community impact statement shall be required for any development within any of the following categories:

(a)

Any development with forty (40) or more total dwelling units.

(b)

Any commercial development of two (2) or more acres in one (1) project or any such building containing ten thousand (10,000) square feet or more of total floor space.

(c)

Any annexation in excess of five (5) acres.

(3)

Components. In addition to the site plan requirements of section 101-167, the concurrency requirements of article XII, and when applicable, the subdivision requirements of article IX, the following shall be submitted in an impact report to accompany any zone change, site plan or plat application covered by (2) above:

(a)

Sanitary sewers: Any and all information available as to the proximity of sewer lines, the practicality of tying in to existing sewer lines, the quantity of sewage and quality expected to be generated, the implications for the city's treatment facility and any other information deemed material to the issue at hand.

(b)

Refuse collection: A statement pertaining to the extent of dumpster service or curbside pickups that will be required and utilized. Also, any anticipated special refuse storage or pickup requirements, including hazardous waste.

(c)

Air and noise pollution: A statement of overall site activity which will generate air or noise pollution.

(d)

Water: Information relative to existing water mains and their capacities, and comprehensive data as to forecast requirements for potable water and water for landscape irrigation.

(e)

Police and fire protection: A short statement of anticipated requirements for police and fire service, including increased personnel and equipment implications.

(f)

Demographics: Estimates of the number of persons to occupy the development, by phase, and suitable breakdowns of the totals by age and economic status. Data as to school age children is especially important.

(g)

Tax effect: An evaluation of the extent to which the proposed development will add to (or detract from) the tax base of the city.

(h)

Environmental: Impact on mangroves, sea grass, dunes, other beachfront natural features, onsite vegetation, water quality and any other environmental issue deemed important by the committee.

(i)

Housing: The extent to which the proposed development would provide housing for persons of low and moderate incomes, including conformance to Comprehensive Plan Housing Policy 1.2.3 if more than twenty-five (25) permanent jobs are to be created.

(4)

Review proceedings. Community impact statements will be used by the city staff, planning and zoning committee and city commission in reviewing all relevant development permit applications required by the project or any applicable annexations.

(1)

Preliminary plats.

(a)

The developer shall secure the written approval of the preliminary plat of each of the following:

The city building official.

The Florida Keys Aqueduct Authority.

The Florida Keys Electric Co-Op Association.

The city utility board.

(b)

Thereafter, the developer shall present the preliminary plat to the planning and zoning committee, together with a draft of subdivision restrictions or covenants running with the land. The city planning and zoning committee shall report in writing to the city commission concerning its recommendation on the proposed plat and subdivision restrictions, and the commission shall either approve the same or indicate in writing its reasons for disapproval.

(2)

Final plat. In addition to the requirements of section 101-114, the plat shall undergo the same review process as (b) above.

Cross reference— Subdivisions, Article IX.

(1)

Appeal initiation. Any person aggrieved by a decision of the building official or other city official who enforces this chapter may appeal in writing to the planning and zoning committee. Any such appeal must be filed in writing with the city clerk together with the fee established in the fee schedule. Any such appeal must be filed within thirty (30) days after the act or decision upon which the appeal is made and must specify the grounds thereof.

(2)

Planning and zoning committee procedure.

(a)

Upon receipt of a written appeal, the city clerk will deliver the appeal to the planning and zoning committee.

(b)

The building official or other city official shall transmit to the planning and zoning committee all records upon which the action or decision that was the basis for the appeal.

(c)

An appeal from an administrative ruling shall stay all proceedings and all work on the premises involved unless such stay shall be deemed to imperil life or property. In such cases, proceedings or work shall not be stayed except by a stop order which may be granted by the city commission or by the circuit court if the same shall have been refused by the city commission.

(d)

The planning and zoning committee shall investigate the circumstances for the appeal and make a recommendation to the city commission prior to the commission's public hearing. The letter shall include the facts leading up to the recommendation and whether or not the ruling given the applicant by the building inspector or other city official was given in error.

(e)

If the Board is unable to establish a quorum at its regularly scheduled meeting, or within seven (7) days afterward, all matters that were to be considered shall be submitted to the Commission by the City Clerk to be considered at the next regular City Commission meeting, without a recommendation from the Board. The City will conduct any required public hearings or quasi-judicial proceedings where required.

(3)

City commission procedure.

(a)

After receipt of the planning and zoning committee report, the city commission shall give notice in a newspaper stating the date, time and place of a city commission public hearing as provided for in section 101-173.

(b)

After the public hearing, the city commission may reverse or affirm wholly or partly or may modify the determination made by the administrative official in enforcing this Code.

(c)

The concurring vote of a majority of all members of the city commission shall be necessary to reverse any decision of any administrative official or to decide in favor of the applicant.

(Ord. No. 2025-505, 3, 9-18-25)

(1)

Initiation. Any owner, agent, lessee or occupant of land or a structure may apply in writing to the city clerk for a variance, on that land, from the requirements of this chapter, except that no request for a use variance will be considered. Details must be included with the request and be filed with the city clerk together with the established fee for a variance. If the applicant is other than the owner of the property, the written consent of the owner for the variance requested must be submitted with the application. When the petitioner is a public agency, the city commission may authorize the waiver or reduction of the fee.

(2)

Planning and zoning committee procedure.

(a)

Upon receipt of a written request, the city clerk will deliver the request to the planning and zoning committee.

(b)

The planning and zoning committee shall make an investigation of the conditions pertaining to the requested variance in advance of the public hearing by the city commission. This investigation shall be at a duly noticed meeting. Mailing of notice of the meeting shall be made by the city to all property owners within three hundred (300) feet of the boundaries of the property which is the subject of the variance request.

(c)

The planning and zoning committee, shall make their recommendation to the city commission in writing, based upon the standards in (5) below. They may recommend approval or disapproval of the variance or may recommend approval of the same subject to such specified conditions as it may deem to be necessary or advisable in furtherance of the provisions of this chapter. Reasons for the recommendation shall be stated.

(d)

If the Board is unable to establish a quorum at its regularly scheduled meeting, or within seven (7) days afterward, all matters that were to be considered shall be submitted to the Commission by the City Clerk to be considered at the next regular City Commission meeting, without a recommendation from the Board. The City will conduct any required public hearings or quasi-judicial proceedings where required.

(3)

City commission procedure.

(a)

After receipt of the planning and zoning committee report, the city commission shall give notice in a newspaper stating the date, time and place of a city commission public hearing as provided for in section 101-173.

(b)

After their public hearing the city commission may approve or disapprove the requested variance or may approve the same subject to specified conditions as it may deem to be necessary or advisable in furtherance of the provisions of the zoning ordinance. If the applicant desires to present evidence not presented to the planning and zoning committee, the matter shall be returned to the planning and zoning committee for further deliberation and recommendation unless the city commission finds by majority vote that the new evidence is insignificant or unsubstantial.

(c)

The commission shall state reasons for their decision, based on the standards detailed in (5) below.

(d)

The decision of the city commission shall be final. No new request for similar action concerning the same property may be made to the city commission or planning and zoning committee for a period of not less than six (6) months after the date of said decision by the city commission.

(4)

Effective period. A building permit application must be submitted within twelve (12) months of variance approval otherwise the approval expires. Any extension of up to twelve (12) months may be granted by the city commission for good cause.

(5)

Standards for granting variances.

(a)

Specific criteria:

(1)

The applicant shall demonstrate a showing of good and sufficient cause;

(2)

Failure to grant the variance would result in unnecessary hardship to the applicant;

(3)

Granting the variance will not result in increased public expenses, create a threat to public health and safety, create a public nuisance, or cause fraud or victimization of the public;

(4)

Property has unique or peculiar circumstances, which apply to this property, but which do not apply to other properties in the same zoning district;

(5)

Granting the variance will not give the applicant any special privilege denied other properties in the immediate neighborhood in terms of established development patterns.

(b)

Recommendations to the city commission.

(1)

If all five (5) specific criteria are met, then the planning and zoning committee shall recommend approval to the city commission. Approval by the city commission would be by majority vote of the city commission.

If the planning and zoning committee finds the five (5) specific criteria are not met, they shall recommend disapproval of the variance unless they specifically find that the granting of the variance will have minimal adverse effect on other citizens of the city or on the city. Approval of a variance where all five (5) specific criteria are not met shall require a favorable vote of four-fifths (⅘) of the city commission.

(2)

Conditions. The planning and zoning committee may recommend, and the city commission may prescribe, appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.

(3)

Use variance. Under no circumstances shall the city commission grant a variance to permit a use not generally permitted in the zoning district. No nonconforming use of neighboring lands, structures or buildings in the zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance.

(Ord. No. 393-2007, 6-14-07; Ord. No. 2025-505, 3, 9-18-25)

(1)

Initiation. An amendment to this chapter may be suggested by the city commission, the planning and zoning committee or any property owner directly affected by the provisions or map change in question.

In the latter case the petitioner shall submit a request in writing to the city clerk who shall transmit the same to the chairman of the planning and zoning committee. The request shall contain all pertinent information which may be required by the planning and zoning committee for proper consideration of the matter and shall be accompanied by the necessary amendment fee.

(2)

Planning and zoning committee procedure.

(a)

All proposed code amendments shall be submitted to the planning and zoning committee for study and recommendations.

(b)

The planning and zoning committee shall set a date, time and place of their public hearing. The committee shall provide public notice appropriate to the nature of the amendment.

(c)

The planning and zoning committee at the completion of the public hearing shall make their recommendations to the city commission in writing. They may recommend approval or disapproval or make changes in the amendment as appear to be appropriate in furtherance of this chapter. The planning and zoning committee may vote by majority to make a specific finding that any code amendment approved pursuant to this section be subject to expedited review by the City Commission.

(d)

Absent a recommendation of expedited review by the planning and zoning committee, a minimum of ten (10) days shall elapse before the City Commission may consider the proposed ordinance for action.

(e)

If the Board is unable to establish a quorum at its regularly scheduled meeting, or within seven (7) days afterward, all matters that were to be considered shall be submitted to the Commission by the City Clerk to be considered at the next regular City Commission meeting, without a recommendation from the Board. The City will conduct any required public hearings or quasi-judicial proceedings where required.

(3)

City commission procedure.

(a)

Unless recommended for expedited review, the city commission shall not consider any code amendment proposed for approval or disapproval by the planning and zoning committee that has not satisfied the minimum ten (10) day wait period in accordance with Sec. 101-172(2)(d) set forth above.

(b)

After receipt of the planning and zoning committee recommendation, the city commission shall give notice in the newspaper of their public hearing as provided for in Sec. 101-173. However, if the amending ordinance involves a zoning map change, or substantially changes permitted use categories in a zoning district, the city commission shall give public notice as provided in state statute; see Sec. 101-173(2).

(c)

After the public hearing the city commission may approve or may make changes in the proposed amending ordinance. The first of two (2) readings of the amending ordinance shall be held at a regular or special meeting. The ordinance may be read by title only if copies are available for public inspection.

(d)

The enactment of the proposed amending ordinance must be notices once, at least ten (10) days prior to its second reading and adoption, in a newspaper of general circulation in Key Colony Beach. The notice shall state the date, time and place of the meeting, the title of the proposed ordinance, the place in Key Colony Beach where the proposed ordinance may be inspected by the public, and the notice shall state that interested parties may appear at the meeting and be heard with respect to the ordinance.

(e)

At a subsequent regular or special meeting it shall be read for a second time, provided that the second reading, if the ordinance is not amended, may be read by title only unless full reading is requested by two (2) members of the city commission. The ordinance may be adopted after the second reading.

(f)

If a change in the ordinance by the city commission is adverse to the recommendation of the planning and zoning committee, such change shall not become effective except by the affirmative vote of a majority of the city commission membership.

(g)

The amending ordinance becomes effective ten (10) days after adoption.

(h)

The amending ordinance shall be promulgated without unnecessary delay by posting at the city hall and at one (1) other public place within the city for a period of not less than four (4) weeks.

(i)

Each amending ordinance, shall, upon its final passage, be recorded in a book kept for that purpose and shall be signed by the presiding officer and the city clerk.

(j)

The city commission may, by an affirmative vote of four (4) members at a regular or special meeting, enact an emergency ordinance without complying with requirements of the above paragraphs (b) through (g) and without referring the amendment to the planning and zoning committee. However, no emergency ordinance shall be enacted which rezones private real property or changes the number of units per net acre of density.

(4)

Guidelines for amendments to this code. At public hearings held to consider requests for amendments to this chapter, the planning and zoning committee and the city commission shall consider, but shall not necessarily be limited to, the following factors:

(a)

When pertaining to the rezoning of land, the effect of the change, if any, on the particular property and surrounding properties.

(b)

When pertaining to rezoning of land, the amount of undeveloped land in the general area having the same classification as that requested.

(c)

The extent to which property values would diminish by such land development code regulations.

(d)

The character of the district and its peculiar suitability for particular uses.

(e)

The use of nearby property.

(f)

The gain to the public compared to the hardship imposed upon the individual property owner.

(g)

Subdivision restrictions or deed restrictions that apply to the property under consideration.

(h)

The relationship of the proposed amendment to the purposes of the city comprehensive plan with appropriate consideration as to whether the proposed change will further the purposes of this chapter and the city comprehensive plan.

(Ord. No. 2021-471, § 3, 2-24-22; Ord. No. 2025-505, 3, 9-18-25)

The following shall be the public notice requirements for city commission public hearings on administrative appeals, variances, code amendments, land use plan amendments and development agreements:

(1)

Newspaper notice (other than zoning map).

(a)

An announcement of all public hearings must be published in a newspaper of general circulation in Key Colony Beach.

(b)

The publication shall be no less than seven (7) days prior to the date of the hearing.

(c)

Second publication (if necessary) must be at least five (5) days prior to date of the hearing.

(2)

State statutory requirements for zoning map change. Notification of a public hearings for a proposed ordinance to rezone specific parcels of private property or substantially change permitted use categories in zoning districts shall meet the requirements of F.S. § 166.041(3)(C).

(3)

Mail notice. In addition to newspaper notices, a mailed notice (explaining the purpose of the hearing) is required under the following circumstances:

(a)

Appeals: A notice is mailed to parties of interest.

(b)

Variance: A notice is mailed to each property owner within three hundred (300) feet of the boundaries of the property which is the subject of the variance request.

(c)

Amendments: Zoning map and land use map amendments shall meet the mail notification requirements of (b) above in addition to the statutory requirements for zoning map changes pursuant to F.S. § 166.041.

(d)

Development agreements: A notice shall be mailed to all property owners within three hundred (300) feet of the boundaries of the subject land in accordance with F.S. § 163.3225 or as amended.

(e)

Notice shall be mailed to the last known address of property owner by reference to the latest ad valorem tax records, at least ten (10) days prior to the hearing, except for subparts (c) and (d) above, which notice shall be provided in accordance with the relevant statutes as noted herein.

(4)

Posted notices. Notices similar to the mailed notice shall be posted in one (1) or more conspicuous places.

(5)

Text of notice. Hearing notifications under (1) through (4) above shall include: Date and time, place, and a summarized purpose of such hearing.

(6)

Affidavit. Proof of the required publication, mailing, and posting of the notices shall be presented at the hearing.

(Ord. No. 316-1998, 8-13-98; Ord. No. 2022-475, § 3, 7-14-22)

Amendments to the 1990 Key Colony Beach Comprehensive Plan shall be made in accordance with F.S. § 163.3187, the 1990 Key Colony Beach Comprehensive Plan Appendix B and the City's Citizen Participation Plan. In addition, any Future Land Use Map amendments shall meet the appropriate requirements of section 101-173.

Any such application shall be reviewed in accordance with F.S. Ch. 380 and Chapter 9B-16 of the Florida Administrative Code.

(1)

Purpose. The purpose of this section is to allow the city, by ordinance, to establish procedures and requirements to consider and enter into a development agreement with any person having legal or equitable interest in real property located within its jurisdiction provided that it meets the requirements of the Florida Local Government Development Agreement Act, F.S. §§ 163.3220—163.3243, as may be amended, and as further provided by the terms of this section.

The development agreement provides assurance to a developer that upon receipt of permits under the city's land development regulations the applicant may proceed in accordance with existing ordinances and regulations, subject to the conditions of the development agreement. Further, the intent is to strengthen the comprehensive planning process and encourage efficient use of economic and land resources. Such an agreement shall be regarded as additional to all other local development permits or approvals required by this chapter and as set forth in other city codes, and shall not be regarded as limiting or modifying any existing powers.

(2)

Initiation. A property owner desiring to enter into a development agreement with the city shall file a written request with the city clerk and pay the fee as established by the city commission. Such request shall identify the property which is to be subject to the development agreement and all legal and equitable owners having any interest in the property. Such ownership interests shall be certified by a title company or an attorney-at-law licensed to practice in the state. If any partnerships, corporations, joint ventures or other entities, other than individuals, own a legal or equitable interest in the property, all principals and other persons with interest in such partnerships, corporations and joint ventures shall be identified.

(3)

Review and negotiation. The request shall be placed on the agenda of the city commission for initial consideration. Upon determination by the city commission that it desires to proceed with further negotiations relative to a development agreement, the property owner shall promptly submit a tentative development agreement for the subject property to contain information required pursuant to F.S. § 163.3227 as supplemented or modified by the following:

(a)

At the city commission's discretion, the specific period of time by which the entire development and each phase thereof shall be commenced and completed.

(b)

Any further information the city commission may require because of the nature or location of the development.

The city commission shall review the tentative agreement and may provide for any other terms and conditions to be negotiated with the property owner that it deems to be reasonably necessary for the protection of the public interest. If the commission determines to proceed further with completion of the development agreement, it shall direct the city attorney to reduce the terms to contractual form for further consideration by the city commission.

(4)

Public hearings and notice. Before entering into, amending, or revoking a development agreement, the city shall conduct two (2) public hearings. The first public hearing shall be conducted by the planning and zoning committee who shall review the proposed development agreement and make recommendation to the city commission. At the second public hearing, or thereafter, the city commission may approve the form and authorize the execution of the development agreement.

Notice of such public hearings shall be given in accordance with F.S. § 163.3225 and Key Colony Beach Code section 101-173 or as may be amended.

(5)

Minimum terms and conditions. Any development agreement approved by the city commission under the provisions of this section shall meet all of the requirements of the Florida Local Government Development Agreement Act, F.S. §§ 163.3220—163.3243, as supplemented or modified by the following requirements:

(a)

A statement as to the duration of the development agreement, which shall initially not exceed five (5) years, but which may be extended by mutual consent of the city commission and the developer, subject to a public hearing in accordance with F.S. § 163.3225.

(b)

The development agreement shall include a description of all governmental permissions that are required for any aspect of the proposed development. The development agreement shall also provide that if 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 or modify the development agreement.

(c)

If amendments are necessary to the comprehensive plan or the land development regulations in order to permit the development of the property in accordance with the development agreement, a statement that the development agreement is contingent upon those amendments being made and approved by the appropriate governmental agencies.

(d)

A statement acknowledging that subsequently adopted ordinances and policies of general application in the city, including but not limited to, impact fees, may be applicable to the property and that such modifications are specifically anticipated in the development agreement, providing however, the city commission makes such a determination in accordance with F.S. § 163.3233.

(e)

A statement that, upon the termination of the development agreement, all then existing codes shall be applicable to the property regardless of the terms of the development agreement.

(f)

A reference to F.S. §§ 163.3220—163.3243, or successor provisions thereto, and to this section, as the specific authority for the development, incorporating the terms thereof into the agreement.

(6)

Execution of a development agreement. All development agreements shall be executed by all persons having legal or equitable title in the subject property, including the fee simple owner, all tenants, and all mortgagees.

(7)

Periodic review of development agreements. In accordance with F.S. § 163.3235, the city shall review land subject to a development agreement at least once every twelve (12) months. Such review shall determine if there has been demonstrated good faith compliance with the terms of the development agreement.

(Ord. No. 316-1998, 8-13-98)