Development agreements may be entered into by a developer and the city commission of the City of Palmetto to guarantee that the requirements of the Florida Local Comprehensive Act are followed.

(Ord. No. 527, § 1, 11-21-94; Ord. No. 2024-04, § 2, 11-18-24)

Application for a development agreement should be made to the city planner in conjunction with an application for development approval in a form to be prescribed by the city planner. Applications shall be signed by all property owners.

(a)

The applicant shall demonstrate that the adoption of a local government land development agreement requiring or committing either the City of Palmetto or a private party, to invest in any new construction or improvement of any facility is based upon compliance with all other applicable concurrency standards, unless compliance with adopted concurrency standards is made a condition of the local government land development agreement.

(Ord. No. 527, § 1, 11-21-94)

The development agreement shall include the following:

(a)

A legal description of the land subject to the agreement and the names of all persons with a legal or equitable interest in such land;

(b)

A listing of all parties to the agreement and the relationship between said parties;

(c)

The duration of the agreement, which shall not exceed the maximum length of time allowed by law;

(d)

A statement indicating the sole means of relief from this agreement shall be by an action for injunctive relief filed in a circuit court of Manatee County and any appropriate appeal thereof;

(e)

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

(f)

A description of the 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.

(g)

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

(h)

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

(i)

A finding that the development, permitted or proposed, is consistent with the Comprehensive Plan and this Code;

(j)

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

(k)

A statement indicating that failure of the 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

(l)

A statement that the burdens of the development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest including all mortgages to the parties of the agreement.

(m)

The effective dates shall not begin until all time periods for appeals have expired.

(Ord. No. 527, § 1, 11-21-94)

There shall be two (2) public hearings prior to approval of a proposed development agreement or a proposed amendment or revocation.

Public hearings shall be conducted in accordance with the procedures and requirements of section 11.5(b) of the City of Palmetto Zoning Code.

Notice of intent to consider a development agreement shall be published and shall also be mailed to all affected property owners in accordance with section 11.5(b) of the City of Palmetto Zoning Code. The day, time and place at which the second public hearing will be held shall be announced at the first public hearing.

(Ord. No. 527, § 1, 11-21-94)

With their application, the applicant shall provide sufficient information to staff for preparation of the draft development agreement. Upon preparation, the draft shall be forwarded to the city attorney for review.

(Ord. No. 527, § 1, 11-21-94)

Review of a development agreement shall be performed by the city planner and the Palmetto Department of Public Works Superintendent or their designees. Recommendations on the proposed development agreement shall be provided to the applicant, the Palmetto Planning and Zoning Board, and to the city commission.

(Ord. No. 527, § 1, 11-21-94; Ord. No. 2024-04, § 2, 11-18-24)

The Palmetto Planning and Zoning Board and the city commission shall each hold a public hearing to review the application for development agreement and hear recommendations from the city planner and the Palmetto Department of Public Works Superintendent.

(a)

Palmetto Planning and Zoning Board. The Palmetto Planning and Zoning Board shall hold a public hearing on each application for a development agreement. After conducting the public hearing, the Palmetto Planning and Zoning Board shall make a recommendation to the city commission on each application for a development agreement.

(b)

City commission. The city commission shall conduct a public hearing in accordance with the procedures and requirements of section 11.5(b) of the Palmetto Zoning Code and after a review by the city attorney for consistency with prior approvals and actions of the city commission, the mayor shall execute the development agreement on behalf of the city. If the application is denied, the city commission shall provide reasons for said action.

(Ord. No. 527, § 1, 11-21-94; Ord. No. 2024-04, § 2, 11-18-24)

The city, at the applicant's expense, shall record the development agreement within fourteen (14) days after execution by the mayor, and shall provide a copy to the applicant. The city planner shall forward a copy to the state land planning agency within one (1) month after recording.

(Ord. No. 527, § 1, 11-21-94)

The city planner shall review land subject to a development agreement at least once every twelve (12) months to determine if there has been demonstrated good faith compliance with the terms of the development agreement. If the city planner 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 planner, shall notify the parties to the agreement of the failure. A reasonable time period, not less than fourteen (14) days shall be provided for the parties to come into compliance with the agreement. If the violating parties have failed to comply within the specified time period, the city planner shall forward to the city commission a recommendation that the agreement be revoked or modified. Notice of this recommendation, the reasons therefore, and the time and place of the hearing on this matter will be sent to all parties not less than fourteen (14) days prior to said hearings.

(Ord. No. 527, § 1, 11-21-94; Ord. No. 2024-04, § 2, 11-18-24)

A development agreement may be amended or cancelled by mutual consent of the parties to the agreement or their successors in interest.

(Ord. No. 527, § 1, 11-21-94)

(a)

The development agreement may be modified or revoked by the city commission:

(1)

For failure to comply with the terms of the agreement; or

(2)

In order to apply subsequently adopted local laws pursuant to section 16.12.

(b)

A development agreement shall be modified as is necessary to comply with relevant state or federal laws enacted after the execution of the agreement which preclude the parties' compliance with the terms of the agreement.

(Ord. No. 527, § 1, 11-21-94; Ord. No. 2024-04, § 2, 11-18-24)

The city may apply subsequently adopted laws and policies to a development that is subject to a development agreement only if the city commission has held a public hearing and determined that the subsequently adopted laws and policies:

(a)

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)

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)

Are specifically anticipated and provided for in the development agreement; or

(d)

The development agreement was based on inaccurate information supplied by the parties to the agreement or agents.

(Ord. No. 527, § 1, 11-21-94; Ord. No. 2024-04, § 2, 11-18-24)

Any party, any aggrieved or adversely affected person as defined herein, or the state land planning agency may file an action for injunctive relief in the Circuit Court of Manatee County to enforce the terms of a development agreement.

(Ord. No. 527, § 1, 11-21-94)