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4981-90Iw x..,`f y?. ?.. ..^•'t' '' . . .. .. . .T ° .v :Y%. .. r.hN??t... ? . ..4.a ,max: • "?,.4 . ;; t ' ,'i 4t . '•isr3l.., , ';? .` ;•?'?'{ •.S'r 'f..>?.': ;?+?' ?,::4' i_..?;; ,... • ,?7: ?'i•/S'.fi c ;! 1 :P, .;f..;.°_,? `f;f`?''?•?C+ji tYl' ?t.. r„h . f t. dt r" Pi11 p4 {.. U'+"av-.t",.. `7 •° -'+^'.r' .a• t.'<' , i! ?P K)a.. hip.'. ?IV :?:'s.',ey.?,' -<;r? '[:•' ?%j . ?,a: {'? :t .v?? :a:' ?e .fir :.E: ': k :?._Jt'•s.'? .?,'?t'?'' ?'j-:,,,• ,,1,r1.`>"Jp•. ei' =?.f +Ji, 4 ?, .:s•` :.?.;;.,:. .`?' ~- r. tlq.` gyT, rr'. i, xe' °,t• yam: +? '" •1 .i ?•J ,'! ? ? :+} '?? {?(; 'a 4a>?` v1r••,?'.... ? '? ?j.{ '.??'rx a.q5 a a ?,?"' f??.y. fir.' ?''"??; ?+ `i • }' ?n ?,s '? ? ' •r??'• ;r i I:• C+i"?? +?`s iltsia'.3:?.j"?"'f tt "? _ p.-_ , •S?_ ., i mss. ).. _ , . ? . dx' ?. ??ac`? ! .r Y; ?f?? s ? ? ???? ?k? ??o,. At' . ; ? _i?.'?.- ??i.},? "Sb Q 6, 6 0 ORDINANCE NO..4981-90 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; CREATING SECTIONS 137.040 THROUGH 137,054, CODE OF ORDINANCES, TO PROVIDE FOR DEVELOPMENT AGREEMENTS; ESTABLISHING APPLICATION AND SUBMITTAL REQUIREMENTS; PROVIDING FOR REVIEW PY THE CITY MANAGER AND THE CITY COMMISSION; AUTHORIZING THE ESTABLISHMENT OF APPLICATION FEES; PROVIDING FOR NO VESTING OF DEVELOPMENT RIGHTS; PROVIDING FOR RESUBMITTAL LIMITATIONS; PROVIDING FOR NOTICES AND PUBLIC HEARINGS; ESTABLISHING THE MINIMUM TERMS AND CONDITIONS TO BE INCLUDED IN DEVELOPMENT AGREEMENTS; PROVIDING FOR APPLICATION OF SUBSEQUENT ORDINANCES; PROVIDING FOR REVIEW AND RECORDING; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Chapter 137, Code of Ordinances, is amended by the creation of Article VII, consisting of Sections 137.040 through 137.054, inclusive, to read as follows: ARTICLE VII. DEVELOPMENT AGREEMENTS Sec. 137.040. Development agreement procedures. Development agreements shall be considered under the following procedures: (1) The City Commission in its sole and exclusive discretion may enter into development agreements with the legal and equitable owners of real property within the city limits as provided in Sections 163.3220 through 163.3243, Florida Statutes (1989), as may be amended from time to time, and as further provided by the terms of this article. (2) The entry into a development agreement by the City shall in no way whatsoever limit or modify any legislative power by the City to adopt ordinances, resolutions, or regulations or to make executive, administrative or legislative decisions of any kind which it had the power to make prior to the entry of such development agreement, except to the degree that the development agreement, by its express terms and not by inference, gives vested rights to the property owner as to certain development permissions, required improvements and similar matters. No development agreement shall, expressly or by inference, limit the right of the City Commission to adopt ordinances, regulations or policies which are of general application in the City or which are specific as to the property subject to the development agreement, except as is expressly provided by Section 163.3233, Florida Statutes (1989), as may be amended from time to time. Sec. 137.041. Application; fee. A property owner desiring to enter into a development agreement with the City shall file a written application for such LL- +rmxrk?i?wi?wrlP?Ctv`?? ,va i,a„? r a .. ,.? ., e_ .. .. .. ? .. .. l . I:C WeS .. +.. 0"F ar• ^°t?y':,YOT?.?.... ., +,..••pe:' s • a.1, •Ct .. 'r'.Ye•?4M1.a :N?. S n.<C'(t w • + .! . o+v' ` ' r? 054 ..' + ?3n•. I . X ? N 3 „ - -'?: O J .,L '? ' ? i . .A z F r+ {? d+ P °i r '^f,• .i rr; .1 •t , :':_"<<,..... y+ .sue • 1 ? `.r:. -3:•.•i? ?,•j '`r"'ti'1 4.z'?'•1 :#sf??`.. Rit.. r. .?Fr?.-..._ ?.e3.°a:di.....?.._._..,, y sl . .K' / t.:: n.+"ay.• k?, .t'•'? "i ? to '?r :-f? s; > c t ?ps# ...._.,.._?r.'.. ,. .. e?:_?'*.,?.i'?.:_ ,.,mo.'s.. -'•i!? _.r ..`??.,r*_.:. ? ,,.?.t':?:>-irr..+...af.•r?• .wait .?r..<.,_...:try-•irti„rr.f's.rt.sY?x??e,n.ia_s.4??'r ?? R .?air?rf•=+`?` ^??°,'?# ? `? ? "a . , ;?, ????.,; ?,? 4 ?"Nw •?;`? ?;. ? ? .,F:l;t •?r?zy s ar.? ? t"i ?y 3 '?. r k?° .:As,:it?,t. i.,{; '. .: ., t .Z'',#;fit z `aw' f+aja,r5. x?? . ?r•F,ag't'_t i.•.,ct?; t`Y r5 .f t . s. >,: , ',°,". , M ?? ? ?r. ..s..eG°i.?i•5+"??c.s.?'r"? S ? ,,......... a f?f.+ , .. , el a? <i . -':i 8:•..?a s y ? .t''q, .fJ ?t;k:...a,<.Ys't,,.Y.r';'1J1?S..a.?eh.trY:i, a3..'c' 'ctad.l7„.Jm+nirta.x ?X=.? '7..tlr vi ."r]'£,?':t'x'% development agreement with the City Manager and pay the fee as established by resolution of the City Commission. Such application shall identify the property which is to be subject to the development agreement and shall identify all legal: ' r and equitable owners having any interest in the property. Such ownership ><J r' interests shall be certified by a title company or an attorney-at-law licensed r to practice in the State of Florida. In the event that any partnerships, if`''• . r corporations, joint ventures or other antities other than individuals, own a legal or equitable interest in the property, all principals and other persons •;.;;:?, with interest in such partnerships, corporations and joint ventures shall be identified.a Sec. 137.042. Initial Review by City Commission, Upon receipt of an ,f,• application for a development agreement, the City Manager shall place the matter y 4 `dYa f on the agenda of the City Commission and the City Commission shall, in its discretion, determine whether or not it desires the City Manager to pursue kit.. negotiations with the property owner relative to the development agreement. In •_ the event that the City Commission determines not to proceed with further negotiations regarding the development agreement, the fee paid by the property ' owner shall be refunded. In the event that the City Commission instructs the', '(?•' City Manager to proceed with further negotiations, the fee shall thereafter be? y nonrefundable regardless of whether or not a development agreement is ultimately executed between the City and the property owner. 9 Sec. 137.043. Development Proposal; Required Information. Upon a }ti?'r ? `r; ' .?6rf determination by the City Commission that it desires to proceed with further negotiations relative to a development agreement, the property owner shall promptly submit a development proposal for the subject property to include the ,X?T following information: (i) A legal description of the property to be subject to the agreement. s aj1: r,; :re`,t • ' ?? ,t (2) All persons, firms or corporations having a legal or equitable' interest in the land. r:ii•?, (3) The desired duration of the development agreement, not to exceed five (5) years. (4) The development uses desired to be permitted on the land, including j.. population densities and building intensities and heights. (5) A description of all existing and proposed public facilities that fir' { k •;x ! 'y, will serve the development. ? `- '?n S - u .1fa•rr ?^'. sew i..? ' _ _ - _ _ ___ _ _____ __ lIISRTFI[•}&1i1i4PR?'IYA?. lllMA?IILM?'?SL :sue fir, ,,.'1 • .?f ".?:, jj s '?y(r1? 'ir . ? .3 .y •.? :'tl'w'1i%, {'. ,'s '•." . '•T?: • '.A' na yt, .t i n?)-.;,'?r `Y"?i 'a%E%t'tiF 1. ?,g?... '4FF,, •.(.,t. y,?:-6. s{'b., ..t tf.. k., .'?t• ?. 'get G`A SS 5 }r'? ,f-. tFri? ,.'i?Yj.. ''.s.. rt r- ,te: ? 1?° ,ti:?ruSyd,.t? 3.: tir' ?w? f k'?.1 R _ _ '%t ,8? ?,j?F.y"f?'Y •n1 F. di. ' ,fit' k I .?? ?. t' !i.:°':i?:': ;t"'.•.r-q :`• .r F'- .?, .f -f ., i65: :'?, ?. .? '. :t:d F .?'r t' ?' , c ru-• ' t 'v ° ti.? ?.gp;? ? ? , ? a.3'r,?i. a,. a , i« .>?x? •s ,!.'. .•1? ? r? .y .w? ?,"? ?a vp.: n' :'?,aE. a"7::i."i r s -y?iF't ttr?`?}.v°•??;•"f'C.. Y,?r,t. 41e?,.4.a„?z.,ti.?, '.?,r., :?a??,A. ?_ a ?•; „w' ':C %?: : K• ter'.' ??'dL a3;v ' :e14 e',??`c><`. t?, .5 . ":'; C`3.f'; ,'se?,1.•.`•St „? # ?rp f1 ':}.'? V ?,t:':.Y.? .Y?,6f : $M:ye,.',:,YL:. .?s?'»,?F:,? s .t +?'s.. 'vSs, ? rf ..?.• ?ES } .c'p•r.>,i; :Ai.w !J" '?ryj'? 5 Y A "jV`Siti (6) Identification of zoning district changes, land development code amendments and comprehensive plan amendments that will be required if the proposed development proposal were to be approved, (7) The zoning and land use categories of all adjoining properties. (8) The complete names and addresses of all owners of properties abutting or lying within 200 feet of the subject property as currently listed in the Pinellas County records as of one ('1) week prior to the agreement request. . i.j 1p f i y n .?F (9) A certified property boundary survey prepared by a registered Florida surveyor not more than twelve (12) months prior to the agreement request, i (10) All environmental) sensitive lands Department of Environmental . r, Regulation Jurisdictional wetlands and lands subject to the jurisdiction and regulations of the Southwest Florida Water Management District shall be shown on a survey of the property. (11) All existing and proposed utilities and services, including water, sewer, gas, electricity, and cable television, and the manner in which existing utilities and services will be extended to the property or expanded for the use of the development. (12) A master drainage plan for the development indicating thereon the existing drainage features and land topography, along with and superimposed thereon the proposed drainage features indicating clearly the means by which the property as-developed will collect, regulate and conduct the drainage runoff from the property and lands tributary thereto, i (13) The location, type, size and height of fencing, berms, retaining walls or screen planting to buffer adjoining properties and as is otherwise required by City regulations. (14) A grading plan including therewith the elevation requirements of the National Flood Insurance Program as applicable to the City, (15) A landscape plan and existing tree survey. (16) Any deed restrictions existing or to be imposed upon the property. (17) A list of all federal, state and local permit requirements. (18) private or public parklands and open space required or proposed for parkland and open space impact fee purposes. (19) The timetable by which the development and each phase thereof shall be commenced and completed. (20) Any further information that the City Manager may require because 3 e 654:' tt F ??ir ?t. p1?YP}fiidia.T.'Sil?IY.S n?.°l ..... . ... ... ? .'t : n f,'... N: ?. ?A<? rw .....5 . _ ..., ...... .. .. + • , , 1 .y .S: 1•. F' i 1 F ' 5 4 a ,t , 5 r- Y',•1s; ? ?? _ yet .. F r Y , v , !? ? ? ..• ?;.- .< .... wp 1't+.. 1 f•s rte. y?'!Y, .?tiua 'N '• eFw "Aic'=i ?.: .11 ,•?-`,; .??? ?4:' "t L1 ,•'!?-,' 3F't'?}?, ?. :{b. 4:'`?j$.i •'?:V"Y,•t' !}!.. { .q ?''1r?_;1i? ?•? .?f..v ?'$?^`'+?".''r?'? 4??•w?:?1l:r.w i ?xry;?s??ti?`z•'..C7? ?1`•.., ?. ',7'? '? f erb?•,t5'?a}; c" i!`tom ? b ?,5 ?? ? `????,??lyr?.f "g .?F'•? e? ?y,? ss.' ?;?: ?Y'; 1Xo?. 9 Si 1r?"{S'vYt-?,?.x-.L1'•f VJ k'..SF? 'x. 4n ti.°s ?<F,,. i. ? 1, t?. 7F,+ ?F! t;. ..v, y::+'!M:-:, x., `I s.>6:'., 'r , ., .';!j'.'r. i,?a.. .y !:u.e°?tial?t9; ;::. .:. „i3?i.".7• -drr X of the particular nature or location of the development. Sec. 137.044. No Vesting of Rights. The submission of an application for a development agreement, the City Commission's willingness to pursue discussions, the submission of a development proposal, the resultant negotiations regarding a development agreement, the payment of any application fees for the submission of any applications, expenses for engineering plans and surveys, and any other expenditures or efforts in prosecution of the development agreement provided for herein by a property owner shall not vest any rights whatsoever in any zoning or land use designation in such property owner nor shall it in any manner whatsoever limit the City Commission from undertaking any zoning or comprehensive plan amendments that it would be otherwise legally entitled to undertake. Sec. 137.045. Review of Development Proposal; Negotiations; Report to City Commission; Limitation on Resubmittals. The City Manager shall review the development proposal and shall meet and negotiate with the property owner regarding the appropriate development of the property and the terms and conditions upon which the property should be developed as the City Manager shall deem to be appropriate and necessary for the protection of the public interest. At such time as the property owner and the City Manager have reached tentative agreement as to the terms and conditions of a development agreement or the City Manager deems that no further negotiations would be useful because of the unlikely possibility of reaching concurrence on the terms and conditions of a development agreement, the City Manager shall report the status of such negotiations to the City Commission. A tentative agreement shall not give rise to any development rights or equitably or legally vest any development rights in the property owner. (1) In the event that the City Manager and the property owner have negotiated the terms of a mutually acceptable development agreement, the essential terms of that development agreement shall be presented in outline or summary form to the City Commission. The City Commission shall review the agreement and, if it determines to proceed further with completion of the .y ;1 ?;. development agreement by a vote of not less than three members of the City Commission, shall direct the City Attorney to reduce the terms to contractual form for further consideration by the City Commission. This direction shall in no manner whatsoever obligate the City Commission to ultimately approve a development agreement or to approve any of the specific terms or conditions as 4 ?...?w . Wwra..wMM.wA?lr'?.?.4hnwr,u?...._ __?_ "•? .. i .,F. 't :' „y. .r'"?, att .r.. ? ••.tt.,-`?.?...:"•.. cur' :L.. ... •,., •*•?••:S 'rt°t ?x!?K?f4';'7!?''.'.{ 'Yi ?ti3' :Sj?'.-.i'.4`•', ? ? ? ? .4: .:•.' •.a i;1 _?•.{.: •s.ov" .?:+?1; 'J ?,:' '> '::?i.' !:Y> ?' is ' i, 1r .i tia: :{i. , l.w. .,,.'lc r"t• . f-> y., , a.'' t- .y x t' 'Kr i. ?•a. 'h' S .i Sys' ?.• y. n a 3'. '`i:!;siJ `,. _ .•i.r?r• y • ?y' Gl?{?•YN•sa..:..i?i'"n:..T. «.F.ar..tis.,.,.r.$'v_.".C:fr,i.•ki?3:?:•t?it4?,?r,-. _.`.W,i?"i (r'• -v ?W w;. ;' 4'? .x r"fa' iu." ?.I ?? ''ai a:{ '? K "..",lry s' `" ":??1?C.? :'t" z `!•S e`I S a-ysr `i`yF° V { p 1 :y: .d`t ,;s4 a y T ••+'r? .j' 1 ? a `Y ` .+'.a y:'{: Fn1"=}?'§? p'Y•i i' PSG 9 Yu `b ?( '..k u '<P ).1Ar4'?r_Fi .?i,?CAr?irESwldJ"r.. ....e.9.e. .•iif,^S?ii.:`Ju.wr.lJ?s.vt'ki?SlO.YISY:?,,laif`. F•k'+.?j.i-. .L;y.rr..'i.?.fni.?.::6"?1:: n.Y A;r':?34°:T;11'A?L:: 1R:r ,?i'?^llYT?t.:', e.. of the particular nature or location of the development. Sec. 137.044. No Vesting of Rights. The submission of an application for a development agreement, the City Commission's willingness to pursue discussions, the submission of a development proposal, the resultant negotiations regarding a development agreement, the payment of any application fees for the submission of any applications, expenses for engineering plans and surveys, and any other expenditures or efforts in prosecution of the development agreement provided for herein by a property owner shall not vest any rights whatsoever in any zoning or land use designation in such property owner nor shall it in any manner whatsoever limit the City Commission from undertaking any zoning or comprehensive plan amendments that it would be otherwise legally entitled to undertake. Sec. 137.045. Review of Development Proposal; Negotiations; Report to City Commission; Limitation on Resubmittals. The City Manager shall review the development proposal and shall meet and negotiate with the property owner regarding the appropriate development of the property and the terms and conditions upon which the property should be developed as the City Manager shall deem to be appropriate and necessary for the protection of the public interest. At such time as the property owner and the City Manager have reached tentative agreement as to the terms and conditions of a development agreement or the City Manager deems that no further negotiations would be useful because of the unlikely possibility of reaching concurrence on the terms and conditions of a development agreement, the City Manager shall report the status of such negotiations to the City Commission. A tentative agreement shall not give rise to any development rights or equitably or legally vest any development rights in the property owner. (1) In the event that the City Manager and the property owner have negotiated the terms of a mutually acceptable development agreement, the essential terms of that development agreement shall be presented in outline or summary form to the City Commission. The City Commission shall review the agreement and, if it determines to proceed further with completion of the development agreement by a vote of not less than three members of the City Commission, shall direct the City Attorney to reduce the terms to contractual form for further consideration by the City Commission. This direction shall in no manner whatsoever obligate the City Commission to ultimately approve a I development agreement or to approve any of the specific terms or conditions as 4 ?t ?.. t ? ._ --_? ,.. * ... : ' . ... ?a ... i. ? .. ? • .. '}fa i'•Vn #... °a ba9A3.P.,•af.i: °si?A"^Y'?S°"a"^?.,,,.w:. ....2.?.r L? .3.r??. e -f<41.1:R"i Y••. i ..-'N"° k.. < S) 1 i• .%.. a i 4: .-.. ., f .<? •L? ..L t leaF?.?."rb: f Si?•. 'y .aj..v J?.Aai ''?1 `; '..}ti •ayF:~'°?`. ?? Y. .:. h•t: r {? `,1 1. ?Y,,e x., i ?i'?y 'J? fiY"A ..t"?' ? i P t't . 1? ?{, «p, ? . 2'r ^ Y^s "'E•t. ? .,2,.' .Y'... ?.y..-..v...ei'rut?Rh#1.03Y?kA??T3{?Y????}1?.???..tktff?F^i$?.r/.f'?cl....,/1...?J?si..?Gl!ix{+.kxA:?-..i _. ?ir!}':.•Bi?.. '._w_. ._ ' pia t?'.t?• ?• ??•;-' vW !' :.1 o.ax. .< .. .i :a.•1.:Y:. .:?5`sl.?,ii?.a.?.........-...........N...a§??.•IFl5.?.7.iY'. ?.V..tJ xi?.. presented to it. (2) In the event that the City Manager and the property owner have not negotiated a mutually satisfactory development agreement, the City Manager shall so notify the City Commission and the development agreement negotiations as to the particular property shall be concluded, unless the City Commission shall direct that negotiations shall continue. (3) A development agreement application relating to the same property may be submitted no sooner than one hundred eighty (180) calendar days-from the date of the City Manager's notification to the City Commission that previous development agreement negotiations were concluded for failure to reach a mutually satisfactory agreement or the City Commission has concluded consideration of the development agreement, whichever occurs later. Sec. 137.046. Adoption Procedures; Notices and Hearings. At such time as the City Attorney has reduced the terms of a proposed development agreement to written contractual form, the City Manager shall transmit such development agreement to the City Commission with a written recommendation regarding adoption of the development agreement. The City Commission shall then conduct not less than two (2) public hearings on the question of entering into the development agreement. (1) Prior to the first public hearing, a proposed development agreement shall have been reviewed by the Planning and Zoning Board and its recommendation shall have been provided to the City Commission. In the event that the Planning and Zoning Board has failed to provide a recommendation to the City Commission within forty-five (45) days from the date that a development agreement has been submitted to it for review, the requirement for review and recommendation by the Planning and Zoning Board may be waived by the City Commission. (2) A public notice of each public hearing before the City Commission shall be advertised in a newspaper of general circulation in Pinellas County, and each notice shall be published approximately seven (7) days before each public hearing. A notice of intent to consider the development agreement shall also be mailed to the owners of all properties located within 200 feet of the subject property not less than seven (7) days prior to the first public hearing. For that purpose, the applicant for the development agreement shall furnish an updated listing of the complete names and addresses of the affected owners not earlier than twenty (20) days and not later than fifteen (15) days prior to the -- -..._..___???.....,+..+'..++.,.n.w..?+.•?..+.r.,s.,?a...rev.,?rrr.w:.t+rsr.?saen?r.:ifnrstn. L7}'St - 3. I ?zrd 1 . r?':,,, ,a,y..-•+..•.,,. .,, s .„ -" -. . .> .s K.._-..., .. -,Y tr.. . .n.,'° - -14, s•k - 3 1; V . ;P.: ?i S• . ' , . s 1.L ?y ? ?' •Y' kV rl. vi ii-S ?? 5....ei A.''.lL.• _ 1.{.. 'S a ?S. ,f /" '>\: .' f.S ?FSFFaI?{{??(? r PM+ ? Y ,?? t •'R' ' i?3li . ?ab? -`y:°..?x "r't•. 'i?' :t' . i ? '^'f!'. its ^?Fj?- ?:z .F ?',`.?,t; •°r. ;'9 ?; j3 ?r?' N rt k £.,W ?`°°` i - ??a? :rs.-s..5,a:? '.r ?f ,•? }'?, .+.^ ?'???:"-6+3..?a ?_gy'{. x,H :2::4:•....,:.air??;?.'fak^?`?.*S?f£'ta?'?h.3t??.?????t...i???3..,?'r??"..]U5?`s4'Js?.t,+??7.?/...a.Frt?v,Z?d±?(i?:1?.a'_s?.u?h t-i:=?a.t?uu:?.ti?>;#;L....,.s.is-;,}l??"ceii....4.. •. .r. b'•.."?si?"1,a.,7:?...C?r?s?lili:rdVC'a?.?.t ?.??i?rkr?#i?x,- .,,. .-,.. ,..-..?TS.,.+_•r 40 4W w t 4 l' .y k i Id r - 40 1 0 . Y53 ii 'jly? ?.t4"f .r r}. t' first hearing. The date, time and place at which the second public hearing will be held shall be announced at the first public hearing. The notices shall specify the date, time and place of the public hearings, the location of the property subject to the development agreement, the name of the applicant for the development agreement, the development uses proposed on the property, the proposed population densities and the proposed building heights, and shall specify where a copy of the proposed agreement can be obtained. (3) At each public hearing, the City Commission shall accept any public comment on the terms of the development agreement. At the conclusion of the second public hearing, the City Commission may approve the form and authorize the execution of the development agreement. Sec. 137.047. Development Agreement; Minimum "Germs and Conditions. Any development agreement approved under the provisions of this ordinance shall contain not less than the following: (1) The legal description of the property subject to the agreement and the identification of all persons having legal or equitable ownership therein. (2) The duration of the development agreement. The duration shall initially not exceed five (5) years and may be extended for one additional term not to exceed three (3) years by mutual consent of the city commission and the developer, subject to the same public hearing process necessary for the initial approval of the development agreement. (3) The development uses permitted, on the land including population densities, building intensities and building heights. (4) A conceptual site plan containing such information as may be required by the City Manager to properly consider the development proposal. The conceptual site plan shall not be deemed a substitute for any plat or site plan required by the land development code. In the event that a plat or site plan is required by the land development code, all of the requirements of the plat or site plan process shall be met prior to the issuance of a development order, (5) A description of the public facilities that will serve the development, including a designation of the entity or agency that shall provide such facilities. Additionally, if new or.expanded facilities are necessary to serve the development, the date by which such new or expanded facilities will be constructed and a schedule to assure that public facilities shall be available concurrent with the impacts of the development shall be provided. The 6 1-7 '"4 b 4 . ? .Ca°. j?o;??;?T.:ii;:.)???".e'?'f'i^,w:".4T'k'..•?,':J?g?„"nL __. .. ,...E ti:: .... °.. .. .. ..?...r. ii ?. .. .ia:.:. .,.Ja!. .. ne•. ..,...'i•'. .e:".'.}. : r... ..`t'•i: _?.._a......._......?..Sf»;'ilir......,E v',?:.1-,a...a._......:9ta>.. .m?i^, _?_.. 2M.elCntt' R i'+ ^5'?r??i: c4 ,?r??`?',4:?Si3'xl*C??r??>rS^iR??',??,`F?:w'? •l?f ER:' '??i?'a•'.-?: ??.kF.,?}'?!!:'"",t'iii .(ss''1j7j7 r 1? E t i (T :'..r. . ib?Fl M y? to IRR??Z(S development agreement may provide for a letter of credit to be deposited with the City to secure the construction of any new or expanded facilities that are required to be constructed. Alternatively, such construction may be a condition : :s precedent to the issuance of any building permits or nther development orders. In the event that the new or expanded public facilities are in place and operating at the time development permits are requested, no such letter of credit Shall be necessary unless such facilities are not adequate for the project. (6) A description of any dedication of land for public purposes. The development agreement shall provide specifically how the parkland and open space ordinance obligation for the project, if any, is to be met. In the event that l land is to be conveyed to the City in discharge of the obligation, the development agreement shall provide that such conveyance will be by warranty deed and will be accompanied by a title insurance policy (at the expense of the property owner) in an amount not less than the fair market value of the land. (7) A description of all local development permits approved or required to be approved for the development of the property, including but not limited to the following: Zoning district changes, zoning district regulation amendments, comprehensive plan amendments, submissions to the Pinellas Planning Council or to the Department of Community Affairs, permissions of the State of Florida Department of Environmental Regulation, the Southwest Florida Water Management District, the U. S. Corps of Army Engineers, the U. S. Environmental Protection Agency and any other governmental permissions that are required for i the project. The development agreement shall specifically provide that said 4 development permissions will be obtained at the sole cost of the property owner and that, in the event that any development permissions are not received, that no further development of the property shall be allowed until such time as the City Commission has reviewed the matter and determined whether nor not to terminate the development agreement or to modify it in a manner consistent with the public interest. Under these conditions, action in reliance on the development agreement or expenditures in pursuance of its terms or any rights accruing to the property owner thereunder shall not vest any development rights in the property owner, nor shall it constitute partial performance entitling the property owner to a continuation of the development agreement. . (8) A specific finding in the development agreement that the development is consistent with the City's comprehensive plan and land development regulations 7 r: !Y, nyf J.. ..1Yw SC'jn ??-'try .,4 1•`. <<iiJJ? 4 4", ... .. r ... .. •.4 'K: .. .>. +!'. .a-tT'. •. ,..rap. , F Fes ?.?.: 'tiT'.5•i°f 1.?'.'S?• .yr"? ?S4..Ir. .? .t Za w i.?`;'?.?;???, ??!:.'S'?.''? s°',s'?'??,? .,?.J.'',?'.J' ?cy ?? ?wwuxn i`'r• :!'??t;4i?_r?}.5 c? ? :? iY??4 ?P?;S ,y?4;.,t°n"•.Yr??t.'.;?« .?` ?''•?s. Y`.1? ?`" e 9' ?. 'YLh•4,<i:?qS`. '?+yf' '?5. / :r+?. "S x+.*14` 9?. 1?..?g 9•: 1 •':AS gi Y y "[? .? r? ei^1i'.4;.«>:r:,..'r.; f<•r ?x;,.r:r'."? ,. ?r..<..,.` t:.:::,..: ?..'.:_.2°: .::rx`r?3'ra-ti•?._. .s:.id. ,. c.'dit:o'c4z.$.a. `31xYf7 •i?. ;{ Y*!4,%:.l a; ?PR or that, if amendments are necessary to the comprehensive plan or the land development regulations in order to permit the development of the property in accordance with the development agreement, the development agreement is contingent upon those amendments being made and approved by the appropriate governmental agencies. (9) Any terms, conditions, restrictions or other requirements determined by the City Commission to be reasonably necessary for the public health, safety or welfare of its citizens. Such terms, conditions, restrictions or other requirements may be more onerous or demanding than those otherwise required by the land development standards then existing in the City and may provide for offsite improvements, screening, buffering, setbacks, building height restrictions, land coverage restrictions and similar types of matters that would not otherwise be required of the development under the existing City ordinances and regulations. (10) A statement indicating that a failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the property owner of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions and that any matter or thing required to be done under existing ordinances of the City shall not be otherwise amended, modified or waived unless such modification, amendment or waiver is expressly provided for in the development agreement with specific reference to the code provision so waived, modified or amended. (11) At the City Commission's discretion, a provision that the entire development or any phase thereof shall be commenced or completed within any specific periods of time, which may be subject to penalties in the nature of monetary penalties, the denial of future building permits, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of the property owner to comply with any such requirement. (12) A statement that subsequently adopted ordinances and policies of general application in the City, including but not limited to impact fees, shall be applicable to the property and that such modifications are specifically anticipated in the development agreement. (13) A statement that, upon the termination of the development agreement, all then-existing codes shall be applicable to the property regardless of the terms of the development agreement, 8 ?l r"'?1, `.{,.if ,•! .. .a 'L 'rr(c.oi... `! Pr?',P7,s•, .ft+`Sx? ,:d? .i• -f '11' .tom .?v ?}s 3, Y? 4.. tl .?.# 2',?:; ,r ,: `i' r' 'rf ??y .•x` .?`, is :?: ;; p.. 4.i;?:''` ,r? .a 4.'''.. ., "t': .?1' .'.?'.°*,i?•?S?dC,t .r r''ae 'fti?p+... '?„ °` •-e?. ?y ?F?' „a:ttq?J.,R`3 ?` :`p'`FF''??YYr ? ?F'' t t rit` ??}?}?n4?dy°S'?Ry?'?, +" i ?,l??s;s'?°.: ?'S' ? •i.. ':+ .1j?«satt+^ j,A?J ?,>?••" -!'?.P wiyc;k?i??+s"5`i?tiv ,?q,?, 'tJi??Sp?„'E; ???.? ??,?:a??,t}???'«.?"" `=t. ?' :?; '?.,???,, '??' ?. ?`„ "r' • M? ??.':'i`;x !. .??`,y tr 4??' +?.1 ? 3'?A ? ?^?w:- a}y??.?3v :??"??.4"r?rS,?°;? ,,?4? T.??•S°,??r??":'.?".?: '.y,:l???'•?' . r?l r •. 1 =p? s ?' ?;Y>•?::°5.°'=ti .';'.?,,'?'``. IS a .k,?, x_. t7's','!"??. ?S y,. .?., ??t. ?,s•;... ,-g ;H;?l":*'h^k•:. t..;=»r`,bY- ??'S'.? ?.•"'?} .5.':1?;'?w r?` 2 '?:. '?. m?:,s, 'a .s ;4?.'g?.?"'s%sfi'-.?<l,=, t`<• ? u+'?>, ,p?. . ¢.!'l` .e, r:rt„a:f .t:.}' ? :. r. ' {?'';P-F4j' ? i 'r1? N?. i 9 ,?'° W?. ??:: Y:S.t- ', • {! r.. {? ?Af? ,+1;.? 'j.x i . , ?, s^ n,y?..Y S,f ,J"?r-..' ,. s']?r. :.i^? ta, 4?•ty .?-?1_ ? ?..; w.;• r?•.?, V;' ^',i:: ?e 'h= 'ri°?' '?ayj?flry'`r '.? ?. F ?Y Y^t .. :! ? ? ?? ? ° ? ?7f? W ') ? 4. ! 1 = i, st.?: ?.t•..s-II. 'y??;. ?3 Ott ER?iita ?V.AV.?of?. S: ?ai;n.. .. •:td,u'. `:..: ..y=st:t'A.•l?,t'-.r-?.it '??t?.1i.i •[?,:.'.•i L.Yii-., :r..t;: ? z,a?.•ci;:... ?? +'.?'?'. ?',;•; :..>"i: ? ;f? {,?• b ? ?' f?. c.,,r.. >•ws:.t:'a.'s,? '4'...? .3?' i?t,•....,.;. r,?:>t?eM'i:,:'?h,?,c:T71;,Y ?'y ?, (14) A reference to Sections 163.3220 through 163.3243, Florida Statutes (1989), or successor provisions thereto, and to Article VII of Chapter 137, ?•a Clearwater Code of ordinances, as the specific authority for the development 'F,• agreement, incorporating the terms thereof into the agreement by reference. Sec. 137.048. Application of Ordinances and Regulations. The ordinances i i.. and regulations of the City governing the development of the property at the time z* of the execution of any development agreement provided for hereunder shall continue to govern the development of the property for the duration of the E 1 a development agreement. (1) The City may apply ordinances and policies adopted subsequent to the execution of a development agreement to property which is subject to the development agreement during the term thereof if the City Commission has held a public hearing and has determined that such new ordinances and policies are: (a) Not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities or densities as allowed under the terms of the development agreement; (b) Essential to the public health, safety and welfare; (c) Expressly applicable to a development that is subject to a development agreement; (d) Specifically anticipated and provided for in the development agreement; and (e) Adopted subsequent to substantial changes which have occurred in pertinent conditions existing at the time of the approval of the development agreement or subsequent to a determination that the development agreement is based on substantially inaccurate information supplied by the developer. (2) This section shall not abrogate any rights that may vest pursuant to common law. Sec. 137.049. Execution; Effect. All development agreements shall be executed by all persons having legal or equitable title in the subject property, including the fee simple owner, all tenants, and all, mortgagees. A development agreement shall be deemed to be a legislative act of the City in the furtherance of its powers to zone and regulate development within its boundaries and, as such, shall be superior to the rights of existing mortgagees, lien holders or other persons having a legal or equitable interest in the subject property, and the development agreement and the obligations and responsibilities arising 9 y?.ry??r??? f • ?lif .?7? "fv.= 1. : • ' .LV y i 'fir "f•'1 ? k' <r'a+ IS tt , t - ..y; '°. ..,, .. - ., .r ? +. «w• t L. •r,-; ,:,,.n,s,?Y,r.,,;C:ti'+ix? ,fir yZ; a s?:• •'?•.•? t?` s+:4.:??w ?'?3^??w ?'?`?;vs` ?:`.fFi•r?,?5._ ta. I>'.,,rL :{'i +}, f, ;?. .ti3t „{ ??y??.qH ?; 4t t>e ,.•? x; "???,.t?'•''•4; Y'??,yi??;?'?rf?>?`4?: r •ai ?;. I:. s', i • :1't(t??r Y ?.?"??r?' ?1?9 .?i ?+iyy°:?uis S,rah. S x;?Y t.s r. 4 ..tf tea' •?1, + .. « t,? '?+ 73 Jk •:> .»..?3-?'s.+«ev:«.?-F.1 x%?,rr,? > J!°.'?•? s4..?f_,S ._fi ??' thereunder on the property owner shall, be superior to the rights of said mortgagees or lien holders and shall not be subject to foreclosure under the terms of mortgages or liens entered into or recorded prior to the execution and recordation of the development agreement. Sec. 137.050. Recording; Successors Bound. Not later than fourteen days after the execution of a development agreement, the City shall record the agreement in the public records of Pinellas County, and a copy of the recorded development agreement shall be submitted to the Florida Department of Community Affairs within fourteen (14) days after the agreement is recorded. 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. Sec. 137.051. Amendment or Cancellation. Amendment or cancellation of a development agreement by mutual consent of the parties or of their successors in interest may be accomplished following the notice requirements for initial adoption of the development agreement as set forth above. Sec. 137.052. Modification or Revocation to Comply with State or Federal law. In the event that any state or federal law is enacted after the execution of a development agreement which is applicable to and precludes compliance with the terms of a development agreement, such agreement shall be modified or revoked as necessary to comply with the relevant state or federal laws, such modification or revocation to take place only after notice in the manner provided for the adoption-of a development agreement. Sec. 137.053. Periodic Review of Development Agreements. The City Manager shall review all properties within the City subject to development agreements at least once every twelve (12) months to determine if there has been demonstrated good faith compliance with the terms of the development agreement. The City Manager shall report his findings to the City Commission. A development agreement may be revoked or modified by the City Commission upon thirty (30) days notice to the property owner, as shown on the records of the Property Appraiser for Pinellas County, in the event that the City Commission finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement. Such termination or amendment shall be accomplished only after a public hearing and notice as is herein required for the adoption of a development agreement. 10 .. .°S4 ;?•,'Ert ,, RYA, _ _.. - _._ -__?_??.?.,?,?..r,ew.-se,•w,•..?.r•w.r...++w[n.we?+hi.ae ? w ^ ?' .?... •.5'f" , ?:?" .•i?^,>.x.'s.,*+a"'h?r.q+t..:,+-W.sv?s€?'... ,y.,>Lo.., .•r?t,. r.?, ?h?M.., k .:e ? -t .. F?'^ .+N..Y«yw;.,y.:.y.a•.; :..eae!a.sr..-a 4P"T <'.?T. 1f+ „?• `i^:C'?e...v,(?. ?•5?i: ?:`t„{.cl• .+.?:. ???,E:. ?'f?"t; ..f°. c ..K;.;j?!(;i'1"'S _ ??f. °r. 'y 1+? bY,.,?zi• }} ? ?. rj?',? %2'. ;K ? 'Y.-'t:• a?,i'?' . .q,;;' ??a . w "a ?'? ..k: ? r 5 j?. ?d ? 7?'?4tii?' •'?'• ?/,,.r1 ,.3i "i[ '11,'x• .oi ? ;'.. ', ?: i..'? 't' y.`7`.'? •?.'°o .'F?k. S "S `?.,• ¢" 3. !].?Y( ?'?4?; .i ?...... It Jl±i§4 Ali ?"'?.r'C.?t Ss.'v:.. ' i ` :.`( nf?'.k•' :^'y; ; e'!; `•f'., i ::3 i.? - .. °i: t%? -:F•`F ".l ° , e;.4 3} ax"? :':; ?? ?'.` "i ...:! '¢' '•?i °°w"Ft 'a(4:! ^Ll.:'7.'.1.„+4'di=...'s.':i:<s'ks.. t .re ??e',,,.,:F, ? ?,.__n.... ? ?,. .. t. 6?F,•" ?e??:.,?:ar?'•/? a,;?? ±5?;?• ;t?.4 a 'r.i,a..`h?a? 'S?i:T..•, F`,T 4 ,?t:G<ain: :E,. c-- -i. ,-. ?,+Y: S-. .? - ,.•Y-? ?'i? ..r?.Y1,'ti..- ?ira? ? j...- f 0 1 t1 Sec. 137.054. Enforcement. A development agreement may be enforced as described in Section 163.3243, Florida Statutes (1489), as may be amended from time to time. Section This ordinance shall take effect on May 31, 1990. PASSED ON FIRST READING May 3, 1990 PASSED ON SECOND AND FINAL. READING AND ADOPTED AS AMENDED May 17, 1990 Rita Garvey Mayor-Commissioner nthi Approved as to form and correctness: M. A. Galbraith,/Jr. City Attorney { 11 Attest: c Cy a E. Gou eau Ci Clerk