Ordinance 2019-4254 DEVELOPMENT AGREEMENT TIMETABLES ORDINANCE
ORDINANCE NO., 2019-4254
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
CODE OF THE CITY OF MIAMI BEACH, SUBPART B,
ENTITLED "LAND DEVELOPMENT REGULATIONS,"
CHAPTER 118, ENTITLED "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE I, ENTITLED "IN GENERAL,"
SECTION 118-4, ENTITLED "AUTHORITY TO ENTER INTO
DEVELOPMENT AGREEMENT; HEARINGS," IN ORDER TO
PROVIDE THAT A DEVELOPMENT AGREEMENT MAY
EXTEND THE EXPIRATION DATE OF CITY LAND USE BOARD
ORDERS FOR PROJECTS CONTEMPLATED IN THE
DEVELOPMENT AGREEMENT; AMENDING ARTICLE IV,
ENTITLED "CONDITIONAL USE PROCEDURE," SECTION 118-
193, ENTITLED "APPLICATIONS FOR CONDITIONAL USES";
AMENDING ARTICLE VI, ENTITLED "DESIGN REVIEW
PROCEDURES," SECTION 118-258, ENTITLED "BUILDING
PERMIT APPLICATION"; AMENDING ARTICLE VIII, ENTITLED
"PROCEDURE FOR VARIANCES AND ADMINISTRATIVE
APPEALS," SECTION 118-355, ENTITLED "VARIANCE TIME
LIMITS; DECISIONS"; AND AMENDING ARTICLE X, ENTITLED
"HISTORIC PRESERVATION," DIVISION 2, ENTITLED
"HISTORIC PRESERVATION BOARD REVIEW OF
PROJECTS," SECTION 118-532, ENTITLED "PROCEEDINGS
BEFORE THE HISTORIC PRESERVATION BOARD," TO
PROVIDE THAT A LAND USE BOARD ORDER MAY BE
AUTOMATICALLY EXTENDED PURSUANT TO A
DEVELOPMENT AGREEMENT THAT PROVIDES FOR A
LATER EXPIRATION DATE THAN THE EXPIRATION DATE
OTHERWISE APPLICABLE TO SUCH LAND USE BOARD
ORDER; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, Section 163.3220, Florida Statutes, entitled the "Florida Local Government
Development Act," provides, as part of the Legislative intent, that development agreements are
utilized to limit the uncertainty in the approval of development; and
WHEREAS, the lack of certainty in development can result in a waste of economic and
land resources, discourage sound capital improvement planning and financing, escalate the
cost of housing and development, and discourage commitment to comprehensive planning; and
WHEREAS, a development agreement can provide assurances to a developer that,
upon approval and execution of a development agreement, the local government's laws and
policies governing the development of the land that is the subject of the agreement, at the time
of the execution of the agreement, shall govern the development of such land for the duration of
the development agreement (See Section 163.3233(1), Florida Statutes); and
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WHEREAS, by providing the aforementioned assurances, a development agreement
can serve to strengthen the public planning process, encourage sound capital improvement
planning and financing, assist in assuring there are adequate capital facilities for the
development, encourage private participation in comprehensive planning, and reduce the
economic costs of development; and
WHEREAS, the duration of a development agreement may vary in length and often
exceeds the time period authorized under a Board of Adjustment, Design Review Board,
Historic Preservation Board, or Planning Board order (altogether, "City land use board orders")
approved for a project that is the subject of a development agreement; and
WHEREAS, City land use board orders typically expire after 18 months, if no full building
permit, or certificate of occupancy, use, or completion is pulled within such 18-month period;
and
WHEREAS, the City's Land Development Regulations only authorize the City's land use
boards to grant a one-year extension of time, following a public hearing, which, if granted,
extends the 18-month period to a maximum of 30 months; and
WHEREAS, the foregoing time periods for City land use board orders may conflict with
time periods negotiated and included in the terms of a development agreement; and
WHEREAS, to reconcile this conflict, a developer would be required to apply for
additional, unnecessary hearings, in order to maintain the City's land use board orders active,
even though the term of a development agreement may, pursuant to State law, extend up to 30
years; and
WHEREAS, given that a development agreement may, pursuant to Section 163.3229,
Florida Statutes, have a duration of up to 30 years, and such agreement may include
timeframes tailored to the needs of each particular project, the City desires to conform the City
Code to the provisions of Section 163.3229, Florida Statutes, to clarify that the timeframes set
forth in a development agreement shall supersede any shorter timeframes provided in
development orders of the City's land use boards; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 118 of the City Code, entitled "Administration And Review Procedures,"
Article 1, entitled "In General," is hereby amended as follows:
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE I. IN GENERAL
* * *
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Sec. 118-4. -Authority to enter into development agreement; hearings.
The city commission shall have authority to enter into a development agreement with any
person within the city's jurisdiction if:
(1) The development agreement meets all of the requirements of the Florida Local Government
Development Agreement Act, F.S. § 163.3220 et seq.;
(2) Such agreement shall have been considered by the city commission after two public
hearings; at the option of the city commission one of the public hearings may be held by the city
planning board and approved by the city commission at the second such hearing of thereafter;
and
(3) Notice of such public hearings shall have been given in accordance with the Florida Local
Government Development Agreement Act.
(4) Commencing on January 1, 2019, a development agreement approved and fully executed
pursuant to this section may extend the expiration date for a City land use board order beyond
the time periods contemplated in section 118-193 for conditional use permits issued by the
planning board; section 118-258 for design review and variance approvals issued by the design
review board; section 118-355 for variance approvals issued by the board of adjustment; and
section 118-532 for certificates of appropriateness and variance approvals issued by the historic
preservation board (altogether, the "City land use board orders"). In such cases, the expiration
date set forth in the approved and executed development agreement shall control over and
supersede any earlier expiration date set forth in any City land use board order.
SECTION 2. Chapter 118 of the City Code, entitled "Administration and Review Procedures,"
Article 4, entitled "Conditional use procedures," is hereby amended as follows:
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE IV. CONDITIONAL USE PROCEDURE
* * *
Sec. 118-193. -Applications for conditional uses.
Quasi-judicial, public hearing applications for approval of a conditional use shall be submitted to
the planning department, which shall prepare a report and recommendation for consideration by
the planning board, and when required, by the city commission and shall comply with the notice
requirements in accordance with section 118-8. Any applicant requesting a public hearing on
any application pursuant to this section shall pay, upon submission, the applicable fees
in section 118-7. No application shall be considered complete until all requested information has
been submitted and all applicable fees paid.
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(1) Site plan required. Each application for a conditional use permit shall be accompanied
by a site plan meeting the requirements of section 118-1, and such other information as
may be required for a determination of the nature of the proposed use and its effect on
the comprehensive plan, the neighborhood and surrounding properties.
(2) Expiration of Orders of Planning Board.
a. An The applicant shall have up to 18 months, or such lesser time as may be specified by
the board, from the date of the board meeting at which a conditional use was granted to
obtain a full building permit, a certificate of occupancy, a certificate of use or a certificate
of completion, whichever occurs first. The foregoing 18-month time period, or lesser time
period, includes the time of the decision of the planning board may be filed. If the
applicant fails to obtain a full building permit within 18 months, or such lesser time period
as is specified, of the board meeting date at which a conditional use was granted and/or
construction does not commence and proceed in accordance with said permit and the
requirements of the applicable Florida Building Code, the conditional use shall be
deemed null and void. Extensions for good cause, not to exceed a total of one year for
all extensions, may be granted by the planning board, provided the applicant submits a
request in writing to the planning and zoning director no later than 90 calendar days after
the expiration of the original approval, showing good cause for such an extension. At the
discretion of the planning director, an applicant may have up to 30 days (not to extend
beyond 30 months from the date of original approval) to complete the building permit
review process and obtain a full building permit, provided that within the time provided by
the board to obtain a full building permit a valid full building permit application and plans
have been filed with the building department, a building permit process number has
been issued and the planning department has reviewed the plans and provided initial
comments.
Please refer to section 118-9 relating to appealed orders, and tolling.
b. Timeframes in Development Agreements.
The time period to obtain a full building permit, a certificate of occupancy, a certificate of
use, or a certificate of competition set forth in subsection (2)(a) may be superseded and
modified by a development agreement approved and fully executed pursuant to section
118-4 of this Code, so long as the modified time period is expressly negotiated and set
forth in the executed development agreement.
SECTION 3. Chapter 118, entitled "Administration And Review Procedures," Article 6, entitled
"Design Review procedures", at Section 118-258, entitled "Building permit application," of the
Code of the City of Miami Beach is hereby amended as follows:
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
* *
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ARTICLE VII . DESIGN REVIEW PROCEDURES
Sec. 118-258. - Building permit application.
(a) The applicant or his authorized agent shall make application for a building permit. The
application shallinclude, at a minimum, the two sets of plans which were approved by the
design review board and stamped and signed by the planning director or his authorized
representative.
(b) No building permit, certificate of occupancy, certificate of completion, or occupational license
shall be issued unless all of the plans, including amendments, notes, revisions, or modifications,
have been approved by the planning director. Minor modifications to plans that have been
approved by the board shall be permitted when approved by the planning director.
(c) Expiration of orders of the Design Review Board. No building permit, full building permit or
phased development permit shall be issued for any plan subject to design review except in
conformity with the approved plans. The applicant shall have up to 18 months, or such lesser
time as may be specified by the board, from the date of the board meeting at which design
review approval was granted to obtain a full building permit or a phased development permit.
The foregoing 18-month time period includes the time period during which an appeal of the
decision of the design review board may be filed, pursuant to the requirements of Section 118-9.
If the applicant fails to obtain a full building permit or a phased development permit within 18
months, or such lesser time as may be specified by the board, of the board meeting date at
which design review approval was granted, and/or construction does not commence and
proceed in accordance with said permit and the requirements of the applicable Florida Building
Code, all staff and board approvals shall be deemed null and void. Extensions for good cause,
not to exceed a total of one year for all extensions, may be granted by the board, at its sole
discretion, provided the applicant submits a request in writing to the planning director no later
than 90 calendar days after the expiration of the original approval, showing good cause for such
an extension. At the discretion of the planning director, an applicant may have up to 30 days
(not to extend beyond 30 months from the date of original approval) to complete the building
permit review process and obtain a full building permit, provided that within the time provided by
the board to obtain a full building permit a valid full building permit application and plans have
been filed with the building department, a building permit process number has been issued and
the planning department has reviewed the plans and provided initial comments.
Please refer to section 118-9 relating to appealed orders, and tolling.
(d) An applicant may submit an application for a building permit simultaneously with a design
plan review in order to expedite processing, however, no building permit shall be issued until
the final design plan has been stamped and signed by the planning director or designee in
accordance with these land development regulations.
(e) No construction may commence in the event a design review approval expires.
(f) Timeframes in Development Agreements.
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The time period to obtain a full building permit or phased development permit set forth in
subsection (c) may be superseded and modified by a development agreement approved and
fully executed pursuant to section 118-4 of this Code, so long as the modified time period is
expressly negotiated and set forth in the executed development agreement.
SECTION 4. Chapter 118, entitled "Administration And Review Procedures," Article VIII, entitled
"Procedures for variances and administrative appeals", at Section 118-355, entitled "Variance
time limits;" of the Code of the City of Miami Beach is hereby amended as follows:
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE VIII . PROCEDURES FOR VARIANCES AND ADMINISTRATIVE APPEALS
* * *
Sec. 118-355. -Variance time limits; decisions.
(a) The applicable board may prescribe a reasonable time limit within which the action for
which the variance is required shall begin or be completed or both. The applicant shall
have up to 18 months, or such lesser time as may be specified by the board, from the
date of the board meeting at which a variance was granted to obtain a full building
permit. The foregoing 18-month time period, or such lesser time as may be specified by
the board, includes the time period during which an appeal of the decision of the board
may be filed. If the applicant fails to obtain a full building permit within 18 months, or
such lesser time as is specified, of the board meeting date at which a variance was
granted and/or construction does not commence and proceed in accordance with such
permit and the requirements of the applicable Florida Building Code, the variance shall
be deemed null and void. Extensions for good cause, not to exceed a total of one year
for all extensions, may be granted by the applicable board, provided the applicant
submits a request in writing to the planning and zoning director no later than 90 calendar
days after the expiration of the original variance(s) showing good cause for such an
extension. At the discretion of the planning director, an applicant may have up to 30
days (not to extend beyond 30 months from the date of original approval) to complete
the building permit review process and obtain a full building permit, provided that within
the time provided by the board to obtain a full building permit a valid full building permit
application and plans have been filed with the building department, a building permit
process number has been issued and the planning department has reviewed the plans
and provided initial comments. Notwithstanding the foregoing, in the event the decision
of the board, with respect to the original variance request, is timely appealed, the
applicant shall have 18 months, or such lesser time as may be specified by the board,
from the date of final resolution of all administrative and/or court proceedings to obtain a
full building permit. This tolling provision shall only be applicable to the original approval
of the board and shall not apply to any subsequent requests for revisions or requests for
extensions of time.
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(b) Under no circumstances shall the board grant a variance to permit a use not generally
permitted in the zoning district involved or any use expressly or by implication
prohibited by the terms of these land development regulations. No nonconforming use
of neighboring lands, structures, or buildings in other zoning districts shall be
considered grounds for the authorization of a variance.
(c) The board shall fix a reasonable time for the hearing of the variance request after a
complete application as determined by the planning director, give public notice
thereof as well as due notice to the parties in interest, and decide same within a
reasonable time. The decision of the board shall be in writing and shall be mailed
promptly to the applicant.
(d) A building permit shall not be issued until the applicant records the final order against
the property in the public records of the county.
(e)" Timeframes in Development Agreements. The time period to obtain a full building permit
set forth in subsection (a) may be superseded and modified by a development
agreement approved and fully executed pursuant to section 118-4 of this Code, so long
as the modified time period is expressly negotiated and set forth in the executed
development agreement.
SECTION 5. Chapter 118, entitled "Administration And Review Procedures," Article X, entitled
"Historic Preservation", at Section 118-532, entitled "Proceedings before the historic
preservation board;" of the Code of the City of Miami Beach is hereby amended as follows:
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE X . HISTORIC PRESERVATION
* * *
Sec. 118-532. - Proceedings before the historic preservation board.
(a) Oath. Any person appearing before the historic preservation board on an application for a
certificate of appropriateness shall be administered the following oath by any person duly
authorized under the laws of the state to administer oaths:
"I, , hereby swear under oath that any and all testimony to be
given by me in this proceeding is the truth, the whole truth, and nothing but
the truth, so help me God."
Any person giving false testimony before the historic preservation board shall
be subject to the maximum penalty provided by law.
(b) Issuance of order. After the board has heard all evidence regarding a request, it shall issue a
written order setting forth its decision and the findings of fact upon which the decision is based.
A copy of the board's order shall be promptly mailed to the applicant.
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(c) Withdrawal or final denial. Upon the withdrawal or final denial of an application for any
certificate of appropriateness from the historic preservation board, a new application cannot be
filed within six months of the date of the withdrawal or denial unless, however, the decision of
the board taking any such final action is made without prejudice. An application may be
withdrawn without prejudice by the applicant as a matter of right if such request is signed by the
applicant and filed with the planning department prior to the matter being considered by the
board; otherwise, all such requests for withdrawal shall be with prejudice. The historic
preservation board may permit withdrawals without prejudice at the time the application for such
certificate of appropriateness is considered by such board. No application may be withdrawn
after final action has been taken.
(d) Recording of certificate of appropriateness. After a certificate of appropriateness has been
ordered by the board, the applicant shall record in the public records of the county the order of
the board. No building permit, demolition permit, certificate of occupancy, certificate of
completion or licensing permit shall be issued until proof of recordation has been submitted.
Only the historic preservation board is empowered to release any conditions of its recorded
order, assuming the condition is no longer applicable.
(e) Deferrals and continuances.
(1) An applicant may defer an application before the public hearing only one time. The
request to defer shall be in writing. When an application is deferred, it shall be re-
noticed at the applicant's expense as provided in subsection 118-563(d). In the event
that the application is not presented to the historic preservation board for approval at
the meeting date to which the application was deferred, the application shall be
deemed null and void.
(2) The board may continue an application to a date certain at either the request of the
applicant or at its own discretion. In the event the application is so continued, not less
than 15 days prior to the new public hearing date, a description of the request, and the
time and place of such hearing shall be advertised in a newspaper of general
circulation within the municipality at the expense of the city.
(3) In the event the application is continued due to the excessive length of an agenda
or in order for the applicant to address specific concerns expressed by the board
and/or staff, the applicant shall present for approval to the board a revised application
inclusive of all required exhibits which attempt to address the concerns of the board
and/or staff for the date certain set by the board, which shall be no more than 120 days
after the date on which the board continues the matter.
(4) In the event that the applicant fails to timely present for distribution to the board, a
revised application as described above within 120 days of the date the application was
continued, the application shall be deemed null and void.
(5) Deferrals or continuances for a specific application shall not exceed one year
cumulatively for all such deferrals, or continuances made by the board, or the
application shall be deemed null and void.
(f) Timetables.
flTimeframes to obtain a building permit. The applicant shall have up to 18 months, or
such lesser time as may be specified by the board, from the date of the board meeting at
which a certificate of appropriateness was issued to obtain a full building permit or a
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phased development permit. The foregoing 18-month time period, or such lesser time as
may be specified by the board, includes the time period during which an appeal of the
decision of the historic preservation board may be filed. If the applicant fails to obtain a full
building permit or a phased development permit within 18 months, or such lesser time as
may be specified by the board, of the board meeting date at which a certificate of
appropriateness was granted and/or construction does not commence and proceed in
accordance with said permit and the requirements of the applicable Florida Building Code,
the certificate of appropriateness shall be deemed null and void. Extensions for good
cause, not to exceed a total of one year for all extensions, may be granted by the historic
preservation board, at its sole discretion, provided the applicant submits a request in
writing to the planning department no later than 90 calendar days after the expiration of
the original approval, setting forth good cause for such an extension. At the discretion of
the planning director, an applicant may have up to 30 days (not to extend beyond 30
months from the date of original approval) to complete the building permit review process
and obtain a full building permit, provided that within the time provided by the board to
obtain a full building permit a valid full building permit application and plans have been
filed with the building department, a building permit process number has been issued and
the planning department has reviewed the plans and provided initial comments.
Please refer to Section 118-9 relating to appealed orders and tolling.
(2) Timeframes in Development Agreements. The time period to obtain a full building
permit or phased development permit set forth in subsection (f)(1) may be superseded and
modified by a development agreement approved and fully executed pursuant to section
118-4 of this Code, so long as the modified time period is expressly negotiated and set
forth in the executed development agreement.
(g) Maintenance of designated properties and demolition by neglect.
*
SECTION 6. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 7. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained, that the provisions of
this Ordinance shall become and be made part of the Code of the City of Miami Beach, as
amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 8. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this /0 day of 1Q/ori / , 2019.
Ail&WI"
ATTEST:
Dan Gelber, Mayor
4 LI 2-3\lq
Rafa-I E. Granado, City Clerk
APPROVED AS TO
First Reading: March 13, 20,9 FORM & LANGUAGE
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i! i; 'EX UTION
4 , 44 3 11(1)(
.F City Attorney Dote
Thomas R. Mooney, . CP ��
Planning Director
[Sponsor: Commissioner Ricky Arriola]
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Ordinances-R5 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 10, 2019
10:05 a.m. Second Reading Public Hearing
SUBJECT: DEVELOPMENT AGREEMENT TIMETABLES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT
REGULATIONS," CHAPTER 118, ENTITLED "ADMINISTRATION AND
REVIEW PROCEDURES," ARTICLE I, ENTITLED "IN GENERAL,"
SECTION 118-4, ENTITLED "AUTHORITY TO ENTER INTO
DEVELOPMENT AGREEMENT; HEARINGS," IN ORDER TO PROVIDE
THAT A DEVELOPMENT AGREEMENT MAY EXTEND THE EXPIRATION
DATE OF CITY LAND USE BOARD ORDERS FOR PROJECTS
CONTEMPLATED IN THE DEVELOPMENT AGREEMENT; AMENDING
ARTICLE IV, ENTITLED "CONDITIONAL USE PROCEDURE," SECTION
118-193, ENTITLED "APPLICATIONS FOR CONDITIONAL USES";
AMENDING ARTICLE VI, ENTITLED "DESIGN REVIEW PROCEDURES,"
SECTION 118-258, ENTITLED "BUILDING PERMIT APPLICATION";
AMENDING ARTICLE VIII, ENTITLED "PROCEDURE FOR VARIANCES
AND ADMINISTRATIVE APPEALS," SECTION 118-355, ENTITLED
"VARIANCE TIME LIMITS; DECISIONS"; AND AMENDING ARTICLE X,
ENTITLED "HISTORIC PRESERVATION," DIVISION 2, ENTITLED
"HISTORIC PRESERVATION BOARD REVIEW OF PROJECTS," SECTION
118-532, ENTITLED "PROCEEDINGS BEFORE THE HISTORIC
PRESERVATION BOARD," TO PROVIDE THAT A LAND USE BOARD
ORDER MAY BE AUTOMATICALLY EXTENDED PURSUANT TO A
DEVELOPMENT AGREEMENT THAT PROVIDES FOR A LATER
EXPIRATION DATE THAN THE EXPIRATION DATE OTHERWISE
APPLICABLE TO SUCH LAND USE BOARD ORDER; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
ANALYSIS
HISTORY
Page 650 of 1091
On January 16, 2019, at the request of Commissioner Ricky Arriola, the City Commission
referred the proposed ordinance amendment to the Land Use and Development Committee
and Planning Board (Item C4 AF).
The Land Use and Development Committee reviewed the proposed amendment on February
20, 2019 and recommended approval.
PLANNING AND LEGAL ANALYSIS
Section 163.3220-163.3243, Florida Statues, entitled the "Florida Local Government
Development Act," provides, as part of the legislative intent, the desire to limit uncertainty in the
approval of development, which lack of certainty can result in a waste of economic and land
resources, discourage sound capital improvement planning and financing, escalate the cost of
housing and development, and discourage commitment to comprehensive planning. A City
Commission approved development agreement can provide assurances to a developer that
upon receipt of a development permit he or she may proceed in accordance with existing laws
and policies, subject to the conditions of the development agreement, which then strengthens
the public planning process, encourages sound capital improvement planning and financing,
assists in assuring there are adequate capital facilities for the development, encourages private
participation in comprehensive planning, and reduces the economic costs of development.
Under state law, a development agreement may not exceed 30 years in duration. Although the
duration of the City's development agreements will vary, the term of a development agreement
can often exceed the time period authorized under a development order approved through the
City's Land Development Regulations. In the City development agreements are approved by
the City Commission and all development orders approved by the Board of Adjustment, Design
Review Board, Historic Preservation Board, and Planning Board, expire in 18 months, if no
building permit is pulled within the 18 month period. The City's Land Development Regulations
solely provide for a possible a one year extension, after public hearing, for a Board of
Adjustment, Design Review Board, Historic Preservation Board, or Planning Board
development order; for a possible total of 30 months before the development order expires, if
no building permit is pulled.
The foregoing 18-30 month default time periods may conflict with the express negotiated terms
of a City Commission approved development agreement. Moreover, development orders of the
Board of Adjustment, Design Review Board, Historic Preservation Board, or Planning Board
(City's Land Use Boards) may be insufficient to ensure compliance with the development
agreement.
In fact, by expiring, the developer would be required to seek additional, unnecessary hearings,
and may face additional legal challenges that would require the developer to seek new
approvals over the term of the development agreement; even though the development
agreement may vest the developer with the zoning code requirements from the time period
when the agreement was entered.
As state law recognizes a development agreement may include a duration of up to 30 years,
and include additional terms and timeframes tailored to the needs of each project, the City
desires to conform its code to be consistent with the provisions of Florida Statutes 163.3220-
163.3243 relating to the requirements of a development agreement, to clarify that the
timeframes set forth in a development agreement shall control over any shorter timeframes
provided in development orders of the City's Land Use Boards. The attached amendments are
Page 651 of 1091
necessary to accomplish all of the above objectives.
The City currently has a development agreement in place for the 500-700 Alton Road project,
which is expected to be considered by the Planning Board later this year. The development
agreement has a lifespan of seven (7)years. If this proposed change is approved, the Planning
Board and Design Review Board approvals for the project will be valid for the duration of the
development agreement.
PLANNING BOARD EVIEW
On February 26, 2019, the Planning Board held a public hearing and transmitted the Ordinance
to the City Commission with a favorable recommendation by a vote of seven to zero (7-0).
UPDATE
The subject ordinance was approved at first reading on March 13, 2019, with no changes.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner RickyArriola
ATTACHMENTS:
Description
❑ Ordinance
Page 652 of 1091