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O-332-C .. ,,"' · · · .' " ORDINANCE NUMBER 332C AN ORDINANCE OF Tm: CITY· COUNCIL OF THE CITY OF CLERMONT, FLORIDA, AMENDING ARTICLE III, CREATING SECTION 86-149, ENTITLED DEVELOPMENT AGREEMENTS; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS FOR DEVELOPMENT AGREEMENTS; PROVIDING FOR A PUBLIC HEARING PROCESS; PROVIDING FOR LOCAL LAWS AND POLICIES GOVERNING DEVELOPMENT AGREEMENTS; PROVIDING FOR RECORDING OF DEVELOPMENT AGREEMENTS IN THE PUBLIC RECORDS; PROVIDING FOR ENFORCEMENT OF DEVELOPMENT AGREEMENTS; PROVIDING FOR INCLUSION IN THE CITY OF CLERMONT CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article III, Chapter 86, Clermont City Code, entitled Administration, sets forth the processes and procedures for applying for various land development orders and appeals; and WHEREAS, the City Council of Clermont desires to amend Chapter 86 so as to bring procedures up to date with the Florida Statutes; and WHEREAS, the City Council determines that amending Chapter 86 is in the best interests of the citizens of Clermont, Florida Section 1. Recitals. incorporated herein by reference. The foregoing recitals are true and correct and Section 2. Amendment. Chapter 86, of the City of Clermont Land Development Code, entitled Administration, is hereby amended by adding the following new provisions to read as follows: P: PrincipalPlanner/DevelapersagreemntORDINANCE2004,doc I \ , I , " · · · ¡, 86-149.01 Generally. In accordance with section 163.3220, Florida Statutes, through section 163.3243, Florida Statutes, the City hereby adopts procedures by which development agreements may be entered into with any person having a legal or equitable interest in real property located within the City of Clennont, Florida. 86-149.02 Definitions. For the purposes of this section, the following words, terms and phrases, when used herein, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. "Comprehensive Plan" has the meaning given it in section 163.3221, Florida Statutes. B. "Development" has the meaning given it in section 163.3221, Florida Statutes. C. "Development Order" has the meaning given it in section 82-6, Clermont Land Development Code. D. "Development Permit" has the meaning given it in section 82-6, Clermont Land Development Code. E. "Land Development Regulations" also known as "Land Development Code" has the meaning given it in section 380.031, Florida Statutes. F. "Owner" means a person with a legal or equitable interest in land who filed an application for a development permit for the land with the County and who received a development order, or who has an interest in land that is the subject of an enforcement action by the County. P: Pri ncípaIPlanner/DevelapersagreemntORDINANCE2004.dac .' . . . i' G. "Public Facilities" means roads, potable water supplies, sanitary sewer treatment, solid waste, drainage, public parks. 86-149.ü3 Requirements for Development Agreements. A A development agreement shall include the following provisions: I. A legal description of the land subject to the agreement, and the names of its legal and equitable owners. 2. The duration of the agreement. 3. The development uses permitted on the land, including population densities, and building intensities and height. 4. 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 constmcted; and a schedule to assure public facilities are available concurrent with the impacts of the development. 5. A description of any reservation or dedication of land for public purposes. 6. A description of all development permits approved or needed to be approved for the development of land. 7. A fmding that the development permitted or proposed is consistent with the City's comprehensive plan and land development regulations. 8. A description of any conditions, terms, restrictions or other requirements determined to be necessary by the City for the public health, safety, or welfare of its citizens. P; Pri ncipaIPlanner/DevelopersagrumntORDINANCE2004.doc . . . 9. A statement indicating that the failure of the agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law goveming said permitting requirements, conditions, term, or restriction. B. The development agreement shall provide that the entire development, or any phase thereof, be commenced or completed within a specific period of time. However, in no event shall the original duration of the development agreement exceed ten (10) years. The development agreement may be extended past the initial ten (10) year time period by mutual consent of the parties, subject to a public hearing in accordance with the City Code. C. A development agreement and authorized development shaH be consistent with the City's Comprehensive Plan and Land Development Regulations. D. The City Manager or designee shall review the land subject to the development agreement at least once every twelve (12) months to determine if there has been demonstrated good faith compliance with the terms of the agreement. For each annual review conducted during the years six (6) through ten (10) of the agreement, the review shall be incorporated into a written report, which shall be submitted to the parties to the agreement and the Department of Community Affairs. The written report shall be in conformance with the requirements of the Department of Community Affairs and supplied to the City Council of the City of Clermont. If the City Manager or designee finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the City Council of City Commissioners at a public hearing in accordance with the Clermont Code. P: PrincipalPlanner/DevelapersagreemntORDINANCE2004.doc .' . . . E. A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest. F. If state or federal laws are enacted after the execution of the development agreement, which are applicable to and preclude the parties' compliance with the terms of the agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant state or federal law. 86-149.04 Public Hearings. Before entering into, amending, or revoking a development agreement, the City shall conduct at least two (2) public hearings. The first public hearing may be conducted by the Planning and Zoning Commission and the second shall be conducted by the City Council. 86-149.05 Local Laws and Policies Governing the Development Agreement A. The City's Comprehensive Plan, City Code and Land Development Regulations in effect at the time of execution of the development agreement shall govern the development of the land for the duration of the development agreement. B. The City may apply subsequently adopted laws and policies to a development that is subject to a development agreement only if the City has held a public hearing and determined: I. The . subsequently adopted laws are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities, or densities in the development agreement; P: PrincipalPlanner/DevelapersagreemntORDINANCE2004.doc " . . . 2. The subsequently adopted laws are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; 3. The subsequently adopted laws are specifically anticipated and provided for in the development agreement; 4. The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or 5. The development agreement is based on substantially inaccurate information supplied by the developer. C. This section does not abrogate any rights that may have vested pursuant to common law. 86-149.06 Recording in the Public Records. Within fourteen (14) calendar days after the City executes the development agreement, the City shall record the agreement in the public records of Lake County, Florida. A copy of the recorded development agreement shall be submitted to the Department of Community Affairs within fourteen (14) calendar days after the agreement is recorded. A development agreement is not effective until it is properly recorded and until thirty (30) calendar days after having been received by the Department of Community Affairs. The development agreement shall be binding and shall inure to all successors in interest to the parties to the agreement. The developer shall pay all recording fees. P: Pri ncipaIPlanner/DevelapersagreemntORDINANCE2004.doc . , .I · · · 86-149.07 Enforcement. Any party, any aggrieved or adversely affected person as defined in section 163.3215(2), Florida Statutes, or the Department of Community Affairs may file an action for injunctive relief in the Circuit Court sitting in Lake County, Florida, to enforce the terms of the development agreement or to challenge compliance of the agreement with this section. Additionally, the City may use any other available method to enforce the provisions of the agreement. Section 3. Severability. If any section, sentence, clause, phrase or word of this ordinance is held to be invalid or unconstitutional by any Court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance. Section 4. Inclusion in Code. It is the intention of this City Council that the provisions of Section 2 of this ordinance shall become and be made a part of the City of Clermont Development Regulations of the City of Clermont Code and that the sections of this ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "section," "article" or such other appropriate word or phrase in order to accomplish such intentions. P: PrincipalPlanner/DevelopersagreemntORDINANCE2004.doc . , ; .' .,..: . , ., - Section 5. as provided by law. Effective Date. The provisions of this ordinance shall be effective · ENACTED this ;n,gt day of (Y\o.íc..L 2004 EFFECTIVE on ~ - ). ~~ 2004 Passed First Reading: Passed Second Reading: 3 -'1' -DL{ 3-¿:,'S -DY CITY COUNCIL OF CITY OF CLERMONT, FLORIDA ~--~ Harold Turville, Mayor ATTEST: · ThisS day of ~(1L ..;2004 " ~~. . ..- ~ Tracy Ackroyd, CMC City 9f Clermont, Florida , . / Approved as to form and legality. ~~ City Attorney · P: PrincipalPlanner/DevelopersagreemntORDINANCE2904,doc