Sec. 655.205. - General requirements.
(a) Minimum requirements of a development agreement. A development agreement shall include, but not be limited, to the following:
(1) A legal description of the land subject to the development agreement and the names and addresses of all of the legal and equitable owner(s) as well as the developer(s), if any, of the land;
(2) The duration and effective date of the development agreement;
(3) The proposed land uses or development uses permitted on the land, including residential densities, building intensities and height;
(4) Future Land Use Map series (FLUMs) designation according to the Comprehensive Plan and current zoning;
(5) A description of the public facilities and services, except for Motorized and Non-motorized public transportation facilities, that will service proposed development, including who shall provide such facilities and services; development progress thresholds measured in enclosed and/or unenclosed square feet or number dwelling units; the date or schedule any new facilities, if needed, will be constructed; a schedule to assure public facilities and services, except for Motorized and Non-motorized public transportation facilities, are available concurrent with the impacts of the development; and if necessary, any third party or other agreement assuring the provision of such public facilities and services;
(6) A description of any reservation or dedication of land for public purposes;
(7) A description of all local development orders and/or development permits approved or needed to be approved in order for the proposed development of the land to commence and proceed;
(8) A written description of the intended plan of proposed development;
(9) A site development plan for the land subject to the development agreement containing the following:
(i) A graphic layout of the proposed development by land use which quantifies the acreage and density and/or intensity of each portion of the proposed development in terms of enclosed and/or unenclosed square feet for all commercial development proposals and in terms of total dwelling units by type of dwelling unit for residential development proposals;
(ii) Access points to the surrounding road system, internal and major road rights-of-way and road widths, any proposed pedestrian and bicycle facilities, and other easements;
(iii) Landscape and buffer areas, common open space and native habitat preservation and mitigation areas, recreational areas and any public purpose lands; and
(iv) The location of any on-site potable water supply (e.g., wells) or wastewater treatment facilities.
This requirement may be waived in whole or in part by the Director if he determines that the size of the proposed development or nature of the proposed development agreement does not warrant the inclusion of such information within the development agreement provided, however, that the agreement shall meet the minimum requirements set forth in F.S. §§ 163.3227—163.3243, as such may be amended from time to time.
(10) A finding that the development permitted or proposed is consistent with the Comprehensive Plan and all applicable land development regulations;
(11) A description of any conditions, terms, restrictions, or other requirements or third party agreements determined to be necessary by the City for the public health, safety and welfare of its citizens;
(12) A statement that the development agreement is voluntarily entered into in consideration of the benefits to and rights of the parties.
(13) A statement indicating the failure of the development agreement to address a particular permit, condition, terms, or restriction shall not relieve the developer of the necessity of complying with the appropriate law governing such permitting requirements, conditions, terms or restrictions; and
(14) A description of the requirements for the filing of an annual report, the designation of the individual or other entity required to file an annual report and a statement indicating the required submission dates.
The requirements of subsections (a)(1) through (9) of this Section may be waived in whole or in part by the Director if he determines that the size of the proposed development or nature of the proposed development agreement does not warrant the inclusion of such information within the development agreement.
(b) Optional provision concerning development time frames. A development agreement may provide that the entire development or any phase thereof be commenced or completed within a specific period of time.
(c) Duration of a development agreement. The duration of a development agreement shall generally be for the actual duration of the proposed development, or length of time mutually agreed upon in the case of reserve priority capacity not associated with development but in any case shall not exceed 30 years from its effective date, unless otherwise provided by law. It may be extended by mutual consent of the City, the developer, and any third party to the development agreement, pursuant to the public hearing requirements contained in Section 655.206(f), Ordinance Code, herein.
No development agreement shall be effective or be implemented unless any comprehensive plan amendment(s), if necessary, implementing or related to the agreement are found in compliance with F.S. Ch. 163 by the State land planning agency.
(d) Processing of application for development agreement with other applications for development approval. Where an application for development agreement is submitted in conjunction with other applications for development approval, the review periods for processing the development agreement application may be altered by the CMMSO, at the applicant's request, to accommodate the concurrent processing of the other applications.
(e) Periodic review of a development agreement. Within 12 months of the effective date of a development agreement, the City shall inspect the land subject to the development agreement, to determine if there has been demonstrated good faith compliance with the terms of the development agreement. In addition to these requirements, the developer or his authorized representative shall submit an annual report to the Department on the date specified in the development agreement, pursuant to Section 655.208, Ordinance Code. For each annual review conducted during years six through 20 of a development agreement, the review shall be incorporated into a written report which shall be submitted to all parties to the agreement.
(f) The adoption of the Mobility System and Part 5 of this Chapter does not abridge or modify any rights or any duties or obligations set forth in any validly existing development agreement or any other contract relating to a valid development agreement. The development authorized by a development agreement may be completed in reliance upon and pursuant to the terms of the development agreement unless the developer or landowner has requested to cancel the development agreement or amend the development agreement to terminate a portion of the rights set forth in the development agreement as set forth in this Section. Any proposed change to a development which is governed by a development agreement and 1) increases the trip generation of the development, or 2) changes the trip distribution of the development shall be governed by the requirements of Part 5 of this Chapter.
(g) Amendment or cancellation of a development agreement. A request to amend or cancel a development agreement may be initiated by the Department, the owner or developer of real property for which a development agreement has been approved or any third party to a development agreement. A development agreement may be cancelled by the City or amended, subject to the procedural and public hearing requirements contained in these regulations, and under one or more of the following conditions:
(1) Where there is mutual consent to the amendment or cancellation by all of the parties or their successors in interest as provided in F.S. § 163.3237;
(2) Where State or federal laws have been enacted which prohibit one or more parties to the agreement from complying with the terms of the development agreement;
(3) Where the City Council has determined that there has been a failure to comply with the terms of the development agreement;
(4) Where the City may apply subsequently adopted local laws and policies to a development agreement.
A request to amend or cancel a development agreement must state the basis for the request and must include facts sufficient to indicate why there is justification for the amendment or cancellation.
(h) Requirements for owner or developer cancellation or amendment of an approved development agreement.
(1) At the request of the owner or developer, a proposed amendment or cancellation of an approved development agreement may be submitted to the City Council for consideration. The proposed amendment or cancellation document shall contain the following items:
(i) Conditions that require the owner or developer to mitigate the impacts, of all existing and proposed development, including mitigation of any impacts resulting in changes in the original or amended development agreement due to the cancellation or amendment of same;
(ii) Conditions that require the owner or developer to request and receive a rescission of or amendment to all development permits or other approvals which authorize development beyond that which is authorized under an amended or cancelled development agreement; and
(iii) Conditions that require the developer to satisfy all applicable conditions of the existing development agreement with regard to existing and proposed development.
(2) Each request for a proposed amendment or cancellation of an approved development agreement shall include the following items:
(i) A description of the actual amount of development completed, the size and scope of the resulting plan of development (after cancellation or amendment), and a description of the extent to which existing permits or approvals authorize development which would exceed that allowed under the resulting plan of development (after cancellation or amendment);
(ii) A description of the amount of existing development, as defined under Section 655.105, Ordinance Code, that has occurred on site, including the amount of existing vertical development by land use in gross square feet, dwelling units, or other applicable units of measure; the amount of infrastructure completed at the site; etc. A copy of the approved site development plan, if applicable, shall be attached to the request as Exhibit A.
(iii) An identification of the amount of development that is planned (after cancellation or amendment), including the amount of vertical development by land use in gross square feet, dwelling units, or other applicable units of measure; the amount of infrastructure to be completed at the site; etc. A copy of the site development plan, if applicable, for the development as proposed after cancellation or amendment shall be attached to the request as Exhibit B.
(iv) An identification of all State and federal permits applied for or obtained to date. Specify the agency, type of permit and function of each permit. A copy of each permit or permit application (if no permit has been issued) shall be attached to the request as Exhibit C.
(v) An identification of all undeveloped tracts of land (other than individual single-family lots) sold to separate entities or developers. Specify the size and buyer of each tract or parcel. A map identifying the undeveloped tracts shall be attached to the application as Exhibit D.
(vi) A certification of concurrence with cancellation or amendment from all parties to the development agreement or their successors in interest shall be attached to the request as Exhibit E.
(vii) An explanation of the reason for seeking cancellation or amendment of the development agreement shall be attached to the request as Exhibit F.
(viii) A discussion of any material adverse impacts of the development subject to the development agreement, and/or its amendments, on any existing resources, or existing or planned facilities, and the mitigation for these impacts shall be attached to the request as Exhibit G.
(ix) A list of each of the conditions in the development agreement, and/or amendments thereto, included to protect or mitigate the development's impact to resources or facilities, including an explanation and documentation that each condition to existing development was satisfied by the developer, or will be satisfied as to the level of proposed development after cancellation or amendment, shall be attached to the request as Exhibit H.
(3) Nothing in this Section shall be construed to abrogate validly existing common law vested rights.
(i) Department informational workshop. Prior to preparing its written recommendation on each development agreement to the City Council, the Department shall hold an informational workshop for the public concerning the application. This public meeting shall be noticed in the same manner as the required public hearings are noticed herein.
(j) Public hearings. Before the City enters into, amends or cancels a development agreement, there shall be a minimum of two public hearings, with one public hearing to be held by the City Council and the other to be held by either the City Council or the Planning Commission. The public hearings shall be held 45 days from the date of the filing of the legislation concerning the development agreement with the Division of Legislative Services. The owner or developer shall file proof of publication with the Legislative Services Division prior to the public hearings.
The notices of the public hearings shall state the intent of the City Council to consider a development agreement, or its amendment or cancellation, and shall specify the time, place and location of each public hearing, identify the location of the land subject to the proposed development agreement, or its amendment or cancellation, the development issues arising from the proposed development agreement, or its amendment or cancellation, its proposed land uses or development uses permitted on the land, including residential densities, building intensities and height, and shall specify a place where a copy of the proposed development agreement, or proposed amendment or cancellation, may be obtained.
(1) Notice of each public hearing shall be advertised in a newspaper of general circulation in the City at least once, approximately seven calendar days prior to each public hearing. The published notice shall be in the form prescribed by the Department and placed by the applicant at his expense. The applicant shall file proof of publication with the Division of Legislative Services prior to each public hearing.
(2) Notice of the public hearing shall also be given, at the applicant's expense within at least 14 days in advance of the first public hearing to all owners of real property within 350 feet of the boundary line of the property for which a development agreement, or its amendment or cancellation, is requested; provided, however, that where the land for which a development agreement, or its amendment or cancellation, is sought, is part of, or adjacent to, land owned by the same person, the Director may, in his discretion, require that notice be given to such owners as the Director may determine to be affected property owners. For purposes of this provision, owners of adjacent or nearby properties within the distance set forth herein shall be deemed to be those whose names appear on the current tax records in the Office of the Property Appraiser; provided, however, that where such notice is determined by the Director to be insufficient to ensure actual notice to a majority of adjoining owners, he may require mailed notice to be given to the actual owners, as indicated by a current title search of the public records. Notwithstanding any other provision herein contained, the failure of an adjacent or nearby property owner required by this Section to receive written notice shall not constitute a jurisdictional defect, provided that proper legal notice has been published, and shall not invalidate or otherwise have an effect upon any action taken by the City Council.
(3) The applicant for a development agreement shall post signs at intervals of not more than every 200 feet along all street sides of the land which is the subject of the application. The signs shall be in the form required by the Department and shall be posted by the applicant in full public view within at least 14 days in advance of the first public hearing, and maintained by the applicant until after the conclusion of all public hearings.
(4) With respect to any City-initiated action concerning an amendment to or cancellation of a development agreement, all parties to the development agreement shall be sent a written notice of such proposed action at least 30 days in advance of the first public hearing by certified mail, return receipt requested.
(k) Execution; binding nature of the development agreement. An approved development agreement, amendment or cancellation shall be executed by all persons having a legal or equitable interest in the subject property, including the fee simple owner and all mortgagees, unless the Office of General Counsel approves the execution of a development agreement without the necessity of such joinder or subordination, based on a determination that the substantial interests of the City will not be adversely affected. The burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement. An amendment to or cancellation of an approved development agreement shall be executed in the same manner as provided hereinabove.
(Ord. 93-120-111, § 1; Ord. 2002-714-E, § 3; Ord. 2011-536-E, § 1; Ord. 2022-909-E, § 2)
