In connection with an application for a zoning action or any other development permit involving a declaration of restrictions, covenant in lieu of unity of title, or other recordable instrument, a property owner may propose a development agreement, which shall be governed by the Florida Local Government Development Agreement Act (Sections 163.3220—163.3243, Florida Statutes). The development agreement may be used to ensure, provide, and reserve public facility capacity in accordance with Section 24-163 of this Code, to encourage a stronger commitment to comprehensive and capital facilities planning, encourage the efficient use of resources, and reduce the economic cost of development pursuant to Section 163.3220(3), Florida Statutes. A development agreement, and amendments thereto or revocations thereof, shall be presented in accordance with the following procedures:

(A)

Public Hearings. As required by Section 163.3225, Florida Statutes, two public hearings shall be required to enter into, amend, or revoke a development agreement. The first public hearing shall be held by the Planning and Zoning Board in its capacity as the Local Planning Agency. The second public hearing shall be held by the City Commission. If the development agreement, amendment, or revocation is submitted in connection with an application for zoning action requiring a public hearing, the development agreement and the zoning application may be heard on the same day before the City Commission.

(B)

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

(1)

Notice shall be advertised at least seven (7) days before each public hearing in a newspaper of general circulation and readership in Miami-Dade County.

(2)

Notice shall be mailed to all affected property owners at least ten (10) days before the first public hearing. For purposes of this subsection, "affected property owner" means owners of record, as reflected on the Miami-Dade County Property Appraiser's tax roll as updated, of the property that is the subject of the development agreement.

(3)

Notice of the first public hearing shall also be mailed to all property owners of record, as reflected on the Miami-Dade County Property Appraiser's tax roll as updated, of the property within the radius provided in Section 24-180(B)(2) for notice of an application for rezoning.

(4)

Except as provided herein, the content and requirements for processing the newspaper and mail notice shall comply with Section 24-180(B)(1). 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.

(5)

The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing. The Director may also, in the Director's discretion, require that mailed notice of the second public hearing be provided.

(C)

Contents of Development Agreement. A development agreement shall include the following:

(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 concurrently with the impacts of the development;

(5)

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

(6)

A description of all local development permits approved or needed to be approved for the development of the land; as used herein, the term "development permit" shall include building permits and water and sewer permits;

(7)

A finding that the development permitted or proposed is consistent with the Comprehensive Development Master Plan and applicable land development regulations; as used herein, the term "land development regulation;"

(8)

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

(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 compliance with the law governing said permitting requirements, conditions, terms, or restrictions;

(10)

A development agreement may provide that the entire development or any phase thereof be commenced or completed within a specific period of time;

(11)

A statement regarding the consent of property owners that will be necessary to approve modifications or revocations to all or part of the development agreement; and the authority of the Director to seek amendment or revocation of a development agreement for noncompliance in accordance with this section, regardless of owners' consent;

(12)

A statement that any person with a legal or equitable interest in land for which a development agreement was entered into with the City, or their authorized representative, shall submit an annual report to the Community Development Department, or its successor agency, on the date specified in the development agreement. The annual report shall include the following information:

(a)

Compliance with the terms of the development agreement; and

(b)

Identification of any substantial changes warranting an amendment or revocation of the development agreement.

(D)

Periodic Review and Determination of Noncompliance. The Director shall review the land subject to a development agreement, including the annual report required in Section 24-214(C)(12), at least once every twelve (12) months for compliance with the terms of the development agreement. If the Director issues a finding of non-compliance and a request to amend or revoke the development agreement the request shall be heard by the Planning and Zoning Board for a recommendation and the City Commission shall make the final determination. The Planning and Zoning Board's recommendation and the City Commission's final determination shall be based upon substantial competent evidence.

(E)

Recording of Development Agreement. As provided for in Section 163.3239, Florida Statutes, 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. Within fourteen (14) days of entering into a development agreement, the City Clerk shall have the executed agreement recorded in the public records of Miami-Dade County.

(Ord. No. 2018-6, § 3, 5-24-18)