A. Findings
The City Commission makes the following findings:
1. The comprehensive, long-range planning of the city's public facilities serves to implement the city's comprehensive plan and ensure the presence of infrastructure necessary for coordinated growth;
2. The ability to provide proposed developments with greater certainty in the application of land use policy and the application of the city's laws and codes will attract greater capital to the city and more desirable projects for the city, result in a more efficient use of economic and land resources, encourage sound capital improvement planning and financing, lower the cost of development, and encourage commitment to comprehensive planning;
3. Implementation of the provisions of the Florida Local Government Development Agreement Act (Fla. Stat. §§163.3220-3241) will provide a formal method that supplements the city's home rule authority and provide additional means by which the foregoing goals can be attained with even greater certainty; and
4. The City Commission, as the city's governing body, is empowered by the Florida Local Government Development Agreement Act and its home rule authority to adopt procedures to govern the adoption of Development Agreements.
B. Purpose
The purpose of Development Agreements is to encourage a strong commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development concurrent with the impacts of development, encourage the efficient use of resources, and reduce the economic cost of development. The purpose of this section to establish procedures and standards for the City Commission to consider and enter into Development Agreements in accordance with state law.
C. Authority and Applicability
The city is authorized to review and enter into a Development Agreement with a landowner in the city in accordance with the procedures and standards in this section.
D. Development Agreement Procedure
1. Step 1: Pre-Application Meeting
Applicable (See Section 155.2301.).
2. Step 2: Neighborhood Meeting
Optional (See Section 155.2302.).
3. Step 3: Application Submittal and Acceptance
Applicable (See Section 155.2303.), except that the application shall include a proposed development agreement that includes at least the following:
a. A legal description of the land subject to the Development Agreement and the names of its legal and equitable owners;
b. The duration of the Development Agreement, which shall be consistent with state law;
c. The development uses permitted on the land including housing densities and building intensities and heights;
d. The land use designation of the land subject to the Development Agreement under the Future Land Use Element of the Pompano Beach Comprehensive Plan and Future Land Use Map;
e. The current zoning of the land subject to the Development Agreement;
f. A conceptual site plan indicating phases, if the development is subject to phasing;
g. A description of public facilities that will service the development, including who shall provide such facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impact of the development;
h. A description of any reservation or dedication of land for public purposes;
i. Demonstration that the development permitted or proposed is consistent with the city's comprehensive plan and this Code;
j. A description of all local and state development permits that have already been obtained (including any terms and conditions of approval) or are needed for the development of the land;
k. A statement providing that all local and state development permits identified in accordance with paragraph j, above, shall be obtained at the sole cost of the developer or landowner and that in the event such local development permits are not obtained, no further development of the land 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 and the city's comprehensive plan;
l. 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; and
m. A statement recognizing and anticipating the conditions and changes in law to which the parties contemplate development in the Development Agreement will be subject;
n. A statement indicating that the failure of the Development Agreement to address a particular permit, approval, condition, term, or restriction required by this Code shall not relieve the developer or landowner of the necessity of complying with the permit, approval, condition, term, or restriction, and that any matter or thing required to be done under existing ordinances of the City of Pompano Beach shall not be otherwise amended, modified, or waived unless such amendment, modification, or waiver is expressly provided for in the Development Agreement with specific reference to the ordinance provisions so amended, modified, or waived; and
o. A statement clarifying that the developer or land owner whose land is subject to the Development Agreement shall submit an annual report to the city in accordance with Section 155.2428.J, Periodic Review of Development Agreement.
4. Step 4: Staff Review and Action
Applicable to a recommendation by the Development Services Director following DRC review and comment (See Section 155.2304.).
5. Step 5: Public Hearing Scheduling and Notice
Applicable (See Section 155.2305.).
6. Step 6: Advisory Body Review and Recommendation
Applicable to a recommendation by the P&Z (See Section 155.2306.), following a standard public hearing on the application conducted in accordance with Section 155.2307.B, Public Hearing.
7. Step 7: Decision-Making Body Review and Decision
Applicable to a final decision by the City Commission, following a standard public hearing (See Section 155.2307.), except that the City Commission's final decision shall be one of the following:
a. Enter into the Development Agreement as submitted;
b. Enter into the Development Agreement, subject to modifications agreed to in writing by the applicant; or
c. Not enter into the Development Agreement.
E. Development Agreement Review Standards
An application for a Development Agreement shall be approved and executed only if the City Commission finds that the development permitted or proposed in the Development Agreement:
1. Includes all the information and provisions required by Section 155.2303, Application Submittal and Acceptance;
2. Is consistent with the city's comprehensive plan (no development permit shall be effective unless and until any comprehensive plan amendments required are found in compliance, in accordance with state law);
3. Is consistent with this Code; and
4. Furthers the public health, safety, and welfare of the city.
F. Execution of Development Agreement
A Development Agreement shall be executed by all persons having legal or equitable title in the subject land, including the fee simple owner and any mortgagees, unless the City Attorney approves the execution of the Development Agreement without the necessity of such joinder or subordination based on a determination that the substantial interests of the city will not be adversely affected thereby. A Development Agreement is determined to be a legislative act of the city in the furtherance of its powers to plan, zone, and regulate development within its boundaries.
G. Recordation
If an application for a Development Agreement is approved, the city shall, within 14 days after entering into the Development Agreement, record the agreement with the Broward County Clerk of Court and submit a copy of the agreement to the Florida Department of Community Affairs. A copy of the Development Agreement shall be filed with the Development Services Department. The burdens of a Development Agreement shall be binding on, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.
H. Effective Date and Expiration
1. An approved and executed Development Agreement shall not be effective until it is recorded with the Broward County Clerk of Court and until 30 days after the Florida Department of Community Affairs has received a copy of the agreement.
2. A Development Agreement shall remain valid for the time period specified as a term of the agreement, which shall comply with state law. The time period may be extended by mutual consent of the City Commission and the developer by amending the Development Agreement in accordance with Section 155.2428.L, Amendment or Cancellation of Development Agreement.
I. Effect of Development Agreement
1. General
Except as otherwise provided in subsection 2 below, development of land subject to a Development Agreement shall be governed for the duration of the Development Agreement by the city's laws and policies governing the development of land at the time the Development Agreement is executed.
2. Exceptions
The city may apply subsequently adopted laws and policies to a development subject to a Development Agreement only if the City Commission conducts at least two public hearings in accordance with Section 155.2307.B, Public Hearing, and determines that:
a. The subsequent laws and policies 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;
b. The subsequent laws and policies are essential to the public health, safety, or welfare, and expressly state they shall apply to a development that is subject to a Development Agreement;
c. The subsequent laws and policies are specifically anticipated and provided for in the Development Agreement;
d. Substantial changes have occurred in pertinent conditions existing at the time of approval of the Development Agreement; or
e. The Development Agreement is based on substantially inaccurate information supplied by the developer.
The city shall review land subject to the Development Agreement at least once every 12 months to determine if there has been a demonstration of good faith compliance with the terms of the Development Agreement. Each annual review conducted during the years six through ten of a Development Agreement shall include a written report, which shall be submitted to the parties to the Development Agreement and the Florida Department of Community Affairs (FDCA). If the City Commission finds, on the basis of substantial competence evidence, there has been a failure to comply with the terms of the Development Agreement, the City Commission may amend or cancel the Development Agreement in accordance with Section 155.2428.L, Amendment or Cancellation of Development Agreement.
K. Effect of Subsequent State or Federal Law
If state or federal laws are enacted after the execution of a Development Agreement that are applicable to and preclude the parties' compliance with the terms of the Development Agreement, the agreement shall be amended or cancelled as necessary to comply with the relevant state or federal laws, in accordance with Section 155.2428.L, Amendment or Cancellation of Development Agreement.
A Development Agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest by submitting a new application for a Development Agreement proposing an amended Development Agreement or the cancellation of the existing Development Agreement. The application shall be reviewed and decided in accordance with the procedures and standards of this section.
M. Enforcement
Any party, any aggrieved or adversely affected person, or the FDCA may file an action for injunctive relief in the circuit court for Broward County to enforce the terms of a Development Agreement or to challenge compliance of the Development Agreement with the provisions of this section and the Florida Local Government Development Agreement Act.
(Ord. 2012-64, passed 9-11-12; Am. Ord.
2019-110
, passed 9-24-19)