A.

Pursuant to authority granted the City by F.S. §§ 163.3220 through 163.3243, as amended (known as the Florida Local Government Development Agreement Act, hereinafter the Act) the City may enter into a development agreement with any person having a legal or equitable interest in real property located within the City.

B.

A development agreement shall mean a written agreement between the City and a property owner which identifies fees, dedications, exactions or other public improvements that will be provided by the developer, and the Land Development Regulations that will be applied by the City during the term of the agreement.

C.

A development agreement may be entered into when one or more of the following exist:

1.

Where the development is proposed to be constructed in phases with commitments to substantial public improvements being required in early phases.

2.

Where commitments to public improvements beyond those ordinarily required of similar development are desirable by reason of location, topography, or other characteristics of the property.

3.

Where it is desirable to provide incentives to coordinate developments with a specific plan.

D.

Procedures and requirements for entering into a development agreement:

1.

A proposal for a development agreement may be made by any interested party at any time prior to the completion of approvals for development of the project. Such proposal shall be formulated with the applicant and the POD.

2.

A proposed development agreement shall be adopted, amended or revoked by following the procedures in the Act. At a minimum, the Community Planning and Preservation Commission and City Council shall each hold a public hearing after providing the notice required by the Act.

3.

Development agreements shall be adopted by ordinance and may be amended by ordinance by mutual consent of the parties to the agreement or by their successors in interest.

4.

Not more than 14 days after approval of a development agreement, the development agreement shall be recorded in the public records of the County.

E.

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 which shall not exceed 30 years;

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 ensure 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;

7.

A finding that the development permitted or proposed is consistent with the plan and Land Development Regulations;

8.

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

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.

All other things required to be addressed by the Act, the plan or other City ordinances.

(Code 1992, § 16.05.010; Ord. No. 893-G, § 43, 9-4-2008; Ord. No. 100-H, § 4, 12-19-2013; Ord. No. 203-H, § 1, 11-23-2015)