Ordinance No. 90-89-149 v PaS7- //E14D/,JG 11113filci
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ORDINANCE 90-89-149
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES
TO CREATE ARTICLE XVII SECTIONS 24-17-1
THROUGH 24-17-13 ; INCLUSIVE TO PROVIDE FOR
DEVELOPMENT AGREEMENTS : PROVIDING FOR
APPLICATIONS AND SUBMITTAL REQUIREMENTS :
PROVIDING FOR REVIEW BY THE CITY MANAGER, AND
CITY COMMISSION ; PROVIDING FOR FEES :
PROVIDING FOR NO VESTING OF DEVELOPMENT
RIGHTS : PROVIDING FOR RESUBMITTAL
LIMITATIONS: PROVIDING FOR NOTICE AND PUBLIC
HEARINGS ; PROVIDING FOR THE CONTRACT OF
DEVELOPMENT AGREEMENTS : PROVIDING FOR
APPLICATION OF SUBSEQUENT ORDINANCES :
PROVIDING FOR REVIEW AND RECORDING AND
PROVIDING FOR AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA, IN SESSION DULY AND REGULARLY ASSEMBLED:
Section 1. That Chapter 24 of the Code of Ordinances of the
City of Atlantic Beach is amended by the creation of Article XVII
Sections 24-17-1 through 24-17-13 , inclusive, said Article to
read as follows:
"ARTICLE XVII DEVELOPMENT AGREEMENT
24-17-1 Development Agreement Procedures Development
agreements shall be considered under the following
procedures:
The City Commission of the City of Atlantic Beach in
its sole and exclusive discretion, may enter into
development agreements with the legal and equitable
owners of real property within the City limits of the
City of Atlantic Beach as is provided in Chapter 163 ,
Florida Statutes and as is further set forth under the
terms of this Article. The entry into a development
agreement by the said City shall in no way whatsoever
limit or modify any legislative power by the said City
to adopt ordinancesresolutions , 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 agreements, except to the
degree that the development agreement, by its express
terms and not be implication, gives vested rights to
the said property owner as to certain development
permissions, required improvements and similar matters.
No development agreement shall, by its express terms or
by implication limit the right of the City Commission
to adopt ordinances, regulations or to adopt policies
that are of general application or specific as to the
•
property subject to the development agreement in the
City, except as is expressly provided by Chapter 163
F.S.
24-17-2 A property owner desiring to enter into a development
agreement with the City shall make a written request
for such development agreement to the City Manager and
pay the fee as is established by motion of the City
Commission . Such written request shall identify the
lands which are desired to be subject to the
development agreement and shall identify all legal and
equitable owners having any interest in such property
and such ownership interests shall be certified by a
title company or an attorney-at-law licensed to
practice in the State of Florida. In the event that
any partnerships, corporations, joint ventures or other
entities , other than individuals, own a legal or
equitable interest in such property, all principals and
other persons with interest in such partnerships,
corporations, joint ventures shall be revealed.
24-17-3 Upon receipt of such a request, the City Manager shall
place the matter 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 negotiations with the property owner relative to
the entry into a development agreement. In the event
that the City Commission determines not to proceed with
further negotiations or discussions 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 non-
refundable regardless of whether or not a development
agreement is ultimately executed between the City and
the property owner.
24-17-4 Upon the City Commission determining that it desires to
proceed with further negotiations relative to a
development agreement , the property owner shall
promptly subject a development proposal for the subject
property to include the following information:
1. Legal description of the lands to include
identification of lands or "out-parcels" to be exempt
from the agreement.
2 . The persons, firms or corporations having a legal
or equitable interest in the land.
3 . The desired duration of the development agreement,
but not exceeding three (3) years.
4 . The development uses desired to be permitted on
the land, including population densities and building
intensities and heights.
5. A description of all existing and proposed public
facilities that will serve the land.
6. Identification of zoning district modifications or
Land Use Plan district amendments that will be required
if the proposed development proposal were to be
approved.
7 . The zoning and present land use categories of all
abutting property. The complete names and addresses of
all property owners abutting or lying within 200 feet
of the subject property as currently listed in the
Duval County records one ( 1 ) week prior to the
agreement application.
8 . A certified property boundary survey prepared by a
registered Florida surveyor no more than twelve (12)
months prior to the property owner's written request
for the development agreement.
9. All environmentally sensitive lands , DER
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.
10. All existing and proposed utilities and the manner
in which existing utilities will be extended to the
site and/or expanded for the use of the development,
including water, sewer, gas, electricity, CATV, and
other utilities.
11. 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 final developed land will collect,
regulate and conduct the drainage runoff from the lands
developed and tributary thereto.
12 . The location, type, size and height of fencing,
earthberms, retaining wall or screen planting to buffer
abutting properties or as is otherwise required by City
regulations.
13 . A grading plan and included therewith the
elevation requirements of the National Flood Insurance
Program as applicable to the City.
14 . A landscape plan and existing tree survey.
15. Any deed restrictions existing or being imposed
upon the lands for development.
16. A list of all federal, state and local permit
requirements.
17. Private or public parklands required or proposed
for parkland impact fee purposes.
18 . Any further information that the city Manger may
require because of the particular nature or location of
the development.
24-17-5 The submission of a request for consideration of a
development agreement , the City Commission ' s
willingness to pursue discussions , the resultant
negotiations regarding a development agreement, the
payment of any application fees for the submission of
any applications , engineering plans, 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 land use plan
amendments that it would be otherwise legally entitled
to undertake.
24-17-6 The City Manager and his staff shall review the
development proposal of the property owner and shall
meet and negotiate with the property owner regarding
the appropriate development of the property and the
terms and conditions on which said property should be
developed as the said 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 has 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 a concurrence on the .terms and conditions of a
development agreement, the 'city Manager shall report
the status of such negotiations to the City Commission.
such tentative agreement shall not give rise to any
development rights or equitably or legally vest any
development rights in the property owner.
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 an
outline form to the tc,ity Commission . The City
Commission shall review the same and shall , if it
determines to proceed further with completion of the
development agreement by vote of not less than four
members of the City Commission , direct the City
Attorney to reduce the said development 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 matters outlined to it by the City Manager as to
any--specific term or condition.
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
process as to the particular land shall be concluded
unless by a concurring lot of four (4) members of the
k city (pommission, the City Commission shall direct that
negotiations shall continue. A further development
agreement application on 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 the previous
development agreement application was terminated for
failure to reach a mutually satisfactory agreement or
the City Commission has concluded consideration of the
development agreement, whichever is later.
24-17-7 At such time as the City Attorney has reduced the terms
of the proposed development agreement to written
contractual form, the City Manager shall transmit such
development agreement to the City Commission with his
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 said development
agreement. Said public hearing shall be advertised in
a newspaper of general circulation in Duval County, and
such notice shall be advertised approximately fifteen
(15) days before each public hearing. Notice of intent
to consider said development agreement shall also be
mailed to all property owners abutting the subject land
or lying within 200 feet of the subject land not less
than fifteen (15) days prior to the first hearing. The
applicant for the development agreement shall furnish
an updated listing of the complete names and addresses
of the affected owners. The day, time and place at
which the second public hearing will be held shall be
announced at the first public hearing. The said notice
shall specify the location of the land subject to the
development agreement, the development uses proposed on
the property, the proposed population densities and
building heights and shall specify where a copy of the
proposed agreement can be obtained.
will be constructed and a schedule to assure that
public facilities shall be available concurrent with
the impacts of the development will be provided. The
development agreement may provide for a letter of
credit to be deposited with the City to secure the
construction of any new facilities that are required to
be constructed. Alternatively, such construction may
be a condition precedent to the issuance of any
building permits or other development permissions. In
the event that the new 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 reservation or dedication of
land for public purposes. The development agreement
shall provide specifically how the land dedication
ordinance obligation for the project, if any, is to be
met. In the event that land is to be conveyed to the
City in discharge of the land dedication ordinance
obligation, the development agreement will 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 needed to be approved for the development
of the land, specifically to include at least the
following : any required zoning amendments, any
required land use plan amendments , any required
submissions to the Duval County Planning Council or to
the Department of Community Affairs, any required
permissions of the State of Florida Department of
Environmental Regulation, the U. S . Corps of Army
Engineers , the Southwest Florida Water Management
District, the U.S. Environmental Protection Agency and
any other governmental permissions that are required
for the project . The development agreement shall
specifically provide that said 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 or 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.
Prior to the first public hearing , the 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 Planning and Zoning Board has failed to
provide a recommendation to the City Commission within
forty- five ( 4 5 ) days from the date that such
development agreement has been submitted to it for
action, this requirement may be waived by the City
Commission.
At public hearings, the City Commission shall accept
any public comment on the terms of the development
agreement.
At the meeting at which the second public hearing is
held, or at any subsequent meeting thereafter, the City
Commission may, by vote of not less than four (4)
members of the City Commission, approve the form and
execution of a development agreement.
24-17-8 Any development agreement approved under the provisions
of this ordinance shall contain not less than the
following requirements:
1 . A legal description of the land subject to the
agreement and the identification of all persons having
legal or equitable ownership therein.
2 . The duration of the development agreement, which
duration shall not exceed three (3) years, but which
may be extended by mutual consent of the City and the
property owner, said extension being subject to the
public hearing process necessary for the initial
approval of the said development agreement.
3 . The development uses permitted on the land including
population densities, building intensities and building
height.
4 . A conceptual site plan containing such information
as may be required by the City Manager to properly
consider the development proposal. In the event that a
site plan is required in the zoning district
designation in which the property will ultimately be
developed, all the requirements of that site plan
process and submittals shall be met prior to
development.
5 . A description of the public facilities that will
service the development, including designation of the
entity or agency that shall be providing such
facilities. Additionally, ' if new facilities are needed
to serve the project, the data by which such facilities
8 . A specific finding in the development agreement that
the development permitted or proposed is consistent
with the City ' s comprehensive Land Use Plan and the
land development regulations of the City of Atlantic
Beach or that , if amendments are necessary to the
zoning district designations or land use plan
designations on the subject property , that such
development agreement is contingent upon those
amendments being made and approved by the appropriate
governmental agencies.
9 . The City Commission may provide for any conditions,
terms , restrictions, or other requirements determined
to be necessary for the public health, safety or
welfare of its citizens and such conditions, terms or
restrictions may be more onerous or demanding than
those otherwise specifically required by the land
development standards then existing in the City of
Atlantic Beach and may provide for off site
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 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 of Atlantic Beach shall not be otherwise amended,
modified or waived unless such modification, amendment
or waiver is expressly provided for in the said
development agreement with specific reference to the
code provision so waived, modified or amended.
11 . At the City Commission ' s discretion , the
development agreement may provide that the entire
development or any phase thereof, be commenced or be
completed within any specific period of time and may
provide for 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.
24-17-9 The ordinances and regulations of the City governing
the development of the land at the time of the
execution of any development agreement provided for
hereunder shall continue to govern the development of
the land subject to the development agreement for the
SECTION 2. That this ordinance shall become effective
immediately upon its final passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA, THIS DAY OF
, 1989 .
1
.J .►
illiam I. Gulliford, Jr.
Mayor, Presiding Officer
APPROVED AS TO FORM AND CORRECTNESS
Alan C. Jensen
City Attorney
ATTEST:
(SEAL)
Maureen King
City Clerk