§ 33-310.3. Development Agreements.  

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  • In connection with an application for a zoning action or any other development permit involving a declaration of restrictions, covenant in lieu of unity of title, or other recordable instrument, a property owner may submit a development agreement, which shall be governed by the Florida Local Government Development Agreement Act (Sections 163.3220—163.3243, Florida Statutes). The development agreement may be used to ensure, provide, and reserve public facility capacity in accordance with Section 33G-8 of this Code, to encourage a stronger commitment to comprehensive and capital facilities planning, encourage the efficient use of resources, and reduce the economic cost of development pursuant to Section 163.3220(3), Florida Statutes. It is provided, however, that the requirements of chapter 24 and other County environmental regulations must be addressed through the applicable processes set forth in those regulations, and development agreements shall be subject to compliance with those requirements. A development agreement, and amendments thereto or revocations thereof, shall be presented in accordance with the following procedures:


    Public Hearings. As required by Section 163.3225, Florida Statutes, two public hearings shall be required to enter into, amend, or revoke a development agreement. The first public hearing shall be held by the Planning Advisory Board in its capacity as the Local Planning Agency. The second public hearing shall be held by the Board of County Commissioners. If the development agreement, amendment, or revocation is submitted in connection with an application for zoning action requiring public hearing, the development agreement and the zoning application shall be heard on the same day before the Board of County Commissioners in accordance with Section 33-314. In addition to the procedures set forth herein, amendments or revocations shall thereafter be subject to the procedures set forth in Sections 33-313.1 and 33-314.


    Notices. Notice of intent to consider a development agreement shall be provided as follows:


    Notice shall be advertised at least 7 days before each public hearing in a newspaper of general circulation.


    Notice shall be mailed to all affected property owners at least 10 days before the first public hearing. For purposes of this subsection, "affected property owner" means owners of record, as reflected on the Miami-Dade County Property Appraiser's tax roll as updated, of the property that is the subject of the development agreement.


    Notice of the first public hearing shall also be mailed to all property owners of record, as reflected on the Miami-Dade County Property Appraiser's tax roll as updated, of the property within the radius provided in Section 33-310 for notice of an application for district boundary change.


    Except as provided herein, the content and requirements for processing the newspaper and mail notice shall comply with Section 33-310(a). The 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 the proposed building intensities and height, and shall specify a place where a copy of the proposed agreement can be obtained.


    The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing. The Director may also, in the Director's discretion, require that mailed notice of the second public hearing be provided.


    Contents of development agreement. A development agreement shall include the following:


    A legal description of the land subject to the agreement, and the names of its legal and equitable owners;


    The duration of the agreement;


    The development uses permitted on the land, including population densities and building intensities and height;


    A description of public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrently with the impacts of the development;


    A description of any reservation or dedication of land for public purposes;


    A description of all local development permits approved or needed to be approved for the development of the land; as used herein, the term "development permit" shall include building permits and water and sewer permits, but shall not include permits required by chapter 24 or any other County environmental regulations;


    A finding that the development permitted or proposed is consistent with the Comprehensive Development Master Plan and applicable land development regulations; as used herein, the term "land development regulation" shall not include chapter 24 or any other County environmental regulations;


    A description of any conditions, terms, restrictions, or other requirements determined to be necessary for the public health, safety, or welfare of the citizens;


    A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of compliance with the law governing said permitting requirements, conditions, terms, or restrictions;


    A development agreement may provide that the entire development or any phase thereof be commenced or completed within a specific period of time;


    A statement regarding the consents of property owners that will be necessary to approve modifications or revocations to all or part of the development agreement; and the authority of the Director to seek amendment or revocation of a development agreement for noncompliance in accordance with this section, regardless of owners' consents;


    A statement that any person with a legal or equitable interest in land for which a development agreement was entered into with the County, or their authorized representative, shall submit an annual report to the Department of Regulatory and Economic Resources, or its successor agency, on the date specified in the development agreement. The annual report shall include the following information:


    Compliance with the terms of the development agreement; and


    Identification of any substantial changes warranting an amendment or revocation of the development agreement.


    Determination of Noncompliance. If the Director determines that there has been a failure to comply with the terms of the development agreement, the Director may issue a finding of noncompliance, which shall be presented to Board at a public hearing in accordance with Section 33-314(A) of this chapter, with a request from the Director to amend or revoke the development agreement.

(Ord. No. 17-43, § 5, 7-6-17)