§ 118-224. Development agreements and/or interlocal agreements.

(a)

Notwithstanding the terms and provisions of sections 118-221, 118-222 and 118-223, transfers of development rights pursuant to a development agreement and/or interlocal agreement approved after October 1, 1995 in accordance with the terms of section 118-4, F.S. § 163.3220, and/or F.S. § 163.01, (hereinafter called a "F.S. ch. 163, development agreement"), shall be approved by the city commission either contemporaneously with the approval of the F.S. ch. 163, development agreement or during a subsequent publicly noticed hearing as provided in this section. An approval by the city commission to transfer development rights as contemplated in the foregoing sentence shall not modify, limit or supersede approvals, reviews or recommendations required to be issued by another board or committee with jurisdiction over the project, as more particularly provided in these land development regulations or the applicable F.S. ch. 163, development agreement.

(b)

An applicant for a transfer of development rights under a F.S. ch. 163, development agreement shall file an application with the planning and zoning director who shall place the request on the city commission agenda after it is determined that the application is complete. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the city and of general interest and readership in the city, not one of limited subject matter, pursuant to F.S. ch. 50. Whenever possible, the advertisement shall be in a newspaper that is published at least five days a week unless the only newspaper in the city is published less than five times a week. The notice shall be published at least ten days prior to the commission meeting. Notwithstanding the provisions of subsection 118-223(a), any application hereunder need only include the F.S. ch. 163, development agreement and substantiation of how the proposed transfer complies with the criteria set forth in subsections (c) and (d) of this section.

(c)

The city commission in considering any such application for the transfer of development rights pursuant to a F.S. ch. 163, development agreement may grant its approval upon a determination that:

(1)

The proposed transfer is consistent with the intent of these regulations as set forth in section 118-221;

(2)

The proposed transfer is consistent with the terms and provisions of the F.S. ch. 163, development agreement approved by the city commission; and

(3)

The applicant agrees to satisfy the city's off-street parking requirements for the property in a manner consistent with the F.S. ch. 163, development agreement.

(d)

With respect to property subject to a F.S. ch. 163, development agreement, in addition to the transfer and receiving properties outlined in section 118-222, the properties within the C-PS4 district shall also be permitted transfer properties, and properties with the C-PS3 district shall be permitted receiving properties for those C-PS3 properties located south of Second Street and west of Washington Avenue or west of the southern theoretical extension of Washington Avenue, provided the F.S. ch. 163, development agreement approves such a transfer. In addition, to the extent specifically approved in the F.S. ch. 163, development agreement, transfer of development rights shall also be permitted from a GU district as a transfer property to a C-PS2 or C-PS3 district (which is subject to a F.S. ch. 163, development agreement) as a receiving property.

(e)

Subsections 118-223(a) through 118-223(d) shall not apply to proposed transfers which comply with this subsection. Within 30 days after the city commission approves a transfer of development rights, the applicant shall record the final order in the public records of the county, which shall be recorded against the transfer and receiving properties. The final order shall comply with subsection 118-223(d), except as provided in this subsection.

(Ord. No. 89-2665, § 6-29(D), eff. 10-1-89; Ord. No. 96-3048, § 1(C), 7-17-96)