Fort Walton Beach Ordinance — 1756 Amend Cpt 12 Land Devolopment Code — reading text

PROCEDURES. 13. 301. Purpose and Intent. The purpose of this chapter is to provide a uniform system for the review of miscellaneous planning activities undertaken within the City. 13. 302. DEVELOPMENT AGREEMENTS. to enter into development agreements A. Authority. The City of Fort Walton Beach has the authority and standards of this chapter pursuant to section 166. 021, Florida Statutes consistent with the procedures 163. 3243, ES., the hereafter referenced as F.S.), section 2 of the City Charter and sections 163. 3220 through latter being the Florida Local Government Agreement Act. B. Definitions. For the purpose of this chapter, the definitions set forth in section 163. 3221, ES., are hereby entered into by the City of adopted by reference and shall apply and control all development agreements Fort Walton Beach. or any phase thereof be C. Requirements. A development agreement may provide that the entire development shall, at a minimum, commenced or concluded within a specific period of time. All development agreements include the following: 1. A legal description of the land subject to the agreement; interest in the property. 2. A statement identifying the legal and equitable interest of all persons having any The statement of ownership interests of any joint venture, partnership or corporation shall reveal all statement shall be certified by a title company or principals or directors and officers, as appropriate. Such an attorney- at- law licensed to practice in the State of Florida; in this chapter; 3. The terms of the agreement, which shall meet the terms set forth densities, and building intensities and 4. The development uses permitted on the land, including population height; 5. The land use designation under the future land use plan element of the City' s Comprehensive Plan for all property included within the terms of the proposed agreement; 6. The current zoning classification of the property; who shall provide and maintain 7. A description of public facilities that will service the development, including such facilities; 8. The date any new public facilities, if needed, will be constructed; with impacts of the development; 9. A schedule to assure public facilities are available concurrent for public purposes; 10. A description of any reservations or dedications of land 13- 9  Chapter 13 I Administration and Enforcement Sec. 13. 300. I PLANNING PERMIT PROCEDURES Sec. 13. 302. Development Agreements 11. Adescription of all local development permits approved or needed to be approved for the development of the land; 12. A finding that the devt~lopment permitted or proposed is consistent with the City' s Comprehensive Plan Directions: 2008) and Code, as required by section 163. 3231 of the act; 13. Adescription of any conditions, restrictions, terms, or other requirements determined to be necessary by the City for the public health, safety, or welfare of its citizens; 14. A statement indicatin~J that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the development of the necessity of with the law complying said governing permitting requirements, conditions, terms or restrictions. D. Duration. The terms of a development agreement shall not exceed five years. A development agreement may only be extended by mutual consent of the City Council and the developer, subject to public hearings in accordance with this section. No extension shall exceed five years or such time as the act may provide. E. Application. Applications requesting consideration by the City of a developer' s proposed or amended development agreement shall be submitted on such forms as may be provided by the City in addition to the information required by this part as is reasonclbly necessary to process and fully consider the application. Application packages shall be accompanied by such fees and charges as may be imposed by the City Council by resolution. Payment of application fees, submission of applications, engineering plans, surveys or any other expenditures shall not vest any rights to complete dE~velopment or to obtain any requested zoning or land use classification amendments. F. Negotiation of DevEtlopment Agreements. 1. The City Manager and CDS Staff shall review the developer' s application package and negotiate such further terms and conditions as City Manager shall deem to be appropriate and necessary to protect the public' s interest, safety, health or welfare. 2. Once a tentative agreement has been reached as to the terms and conditions of a development agreement, or furthernegotialtions are not anticipated or will not reach a consensus on the development agreements' terms or conditions, the City Manager and CDS Staff shall draft a report, including any recommendations, for City Council consideration along with the tentative development agreement. 3. The existence of al tentative agreement, staff report or recommendation shall not be sufficient governmental acts upon which reliance may be placed, such that further expenditures by a developer would vest any right to continue development; nor shall such actions constitute partial performance entitling the owner to a continuation or extension of the development agreement. G. Procedures for ChCllnges to Agreement~ Following such notice and public hearings as may be otherwise required, the City Countcil by majority vote, may act to adopt, amend, extend, modify, revoke or cancel any proposed or existing development agreement. Where mutual consent is required by law, the City Council may act to authorize such consent prior to all other parties doing so only upon the condition that the act is not complete or official until a binding a!;1re ment is contemporaneously signed by the Mayor and the representatives of all other parties. H. Recording Agreemt~nt. 1. Within 14 days after the City enters into, extends, amends, modifies, revokes, or cancels a development agreement, the City Clerk shall have the agreement or the action on the agreement recorded with the Clerk of Circuit Court in the official records of Okaloosa County. 2. A copy of the recorded development agreement and any recorded action on the agreement shall be submitted to the Florida Department of Community Affairs ( hereafter referred to as DCA) within 14 days after the agreement is recorded. 3. Pursuant to Section 163. 3239, F.S., no development agreement shall be effective until 30 days after having been received by the DCA. 4. Prior to the City' s review of the status of a development agreement, the developer or property owner shall, within 14 days of the City' s annual review of the development agreement, submit to the City a progress 13- 10  Chapter 13 I Administration and Enforcement Sec. 13. 300. I PLANNING PERMIT PROCEDURE Sec. 13. 303. Amendments to the Comprehensive Plan the execution of the development agreement and, if repot:1 indicating all activities and achievements since applicable, since the previous periodic report. to the development I. Periodic Review. The City may review the land and progress of development subject if there has been compliance with the terms and conditions agreement at least once every 12 months to determine as is, pending review. The agreement shall continue in force of the development agreement during the