ORDINANCE 2013-10 
 
DEVELOPMENT 
AN ORDINANCE OF THE CITY OF DAYTONA BEACH SHORES, 
FLORIDA, AMENDING THE MUNICIPAL CODE OF 
ORDINANCES, LAND DEVELOPMENT CODE; PROVIDING FOR 
STATUTORY 
AGREEMENTS; 
IMPLEMENTING THE PROVISIONS OF THE FLORIDA 
LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT 
AS SET FORTH AT SECTIONS 163.3220 - 163.3243, FLORIDA 
STATUTES BY ADOPTING POLICIES, PROCESSES, PRACTICES 
AND PROCEDURES PERTAINING TO DEVELOPMENT 
AGREEMENTS; 
NON-STATUTORY 
DEVELOPMENT 
FOR 
AGREEMENTS; 
ENFORCEMENT AND PENALTIES; 
 PROVIDING FOR A 
SAVINGS PROVISION; PROVIDING FOR CODIFICATION AND 
IMPLEMENTATION; 
SAVINGS 
PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR 
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 
PROVIDING 
PROVIDING 
PROVIDING 
FOR 
FOR 
A 
 
WHEREAS, Article VIII, Section 2, Constitution of the State of Florida, 
authorizes the City of Daytona Beach Shores to exercise any power for municipal 
purposes except as otherwise provided by law; and 
 
WHEREAS, Section 163.3202, Florida Statutes, provides that the City of 
Daytona Beach Shores shall adopt and enforce land development regulations for the 
purpose of implementing its comprehensive plan and protecting the public health, safety, 
and general welfare; and 
 
WHEREAS, development agreements are contracts negotiated between project 
proponents and public agencies that govern the land uses that may be allowed in a 
particular project and, although subject to negotiation, allowable land uses must be 
consistent with the local planning policies formulated by the legislative body through its 
general plan, and consistent with any applicable specific plan; and 
 
WHEREAS, neither the applicant nor the City, the local government with land 
use regulatory authority over lands located within the City, is required to enter into a 
development agreement and, when entered, the allowable land uses and other terms and 
conditions of approval are negotiated between the parties, subject to the Citys ultimate 
approval, but while a development agreement must advance the Citys local planning 
policies, it may also contain provisions that vary from otherwise applicable zoning 
standards and land use requirements; and 
 
WHEREAS, development agreements are, essentially, a planning tool that allows 
public agencies greater latitude to advance local planning policies, sometimes in new and 
creative ways and, as such, development agreements may be viewed as an alternative to 
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WHEREAS, the City Council of the City of Daytona Beach Shores finds it is in 
the traditional development approval process which, in practice, it is commonly used in 
conjunction with; and 
 
 
the best interest and welfare of the citizens of the City to enact this Ordinance; and 
 
 
WHEREAS, the City of Daytona Beach Shores has complied with all 
requirements and procedures of Florida law in processing and advertising this Ordinance; 
and 
 
WHEREAS, this Ordinance is consistent with the goals, objectives and policies 
of the Comprehensive Plan of the City of Daytona Beach Shores. 
 
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF 
THE CITY OF DAYTONA BEACH SHORES, FLORIDA THAT: 
 
SECTION ONE: FINDINGS. A new Section of the Land Development Code, Appendix 
G, Code of Ordinances of the City of Daytona Beach Shores, is created to read as 
follows: 
 
(a).  Pursuant to the Florida Local Government Development Agreement Act as set 
forth at Sections 163.3220 through 163.3243, Florida Statutes, local governments are 
authorized to adopt, by ordinance, procedures and requirements whereby a local 
government may consider and enter into a development agreement with any person 
having a legal or equitable interest in real property located within the local government's 
jurisdiction. 
 
(b). 
The lack of certainty in the approval of 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. 
 
(c). Development agreements entered into pursuant to the Florida Local Government 
Development Agreement Act, strengthen the public planning process, encourage sound 
capital improvement, planning and financing; assist in assuring that there are adequate 
capital 
in 
comprehensive planning; and reduce the economic cost of a development by providing 
assurances to a developer that, upon receipt of a development permit, the developer may 
proceed in accordance with existing laws and policies, subject to the conditions of a 
development agreement. 
 
(d). 
The provisions of this Ordinance, in their interpretation and application, are 
declared to be the minimum requirements necessary to accomplish the stated intent, 
purposes, and objectives of this Ordinance. Nothing in this Ordinance shall be interpreted 
as characterizing a development agreement as anything other than a discretionary, 
bilateral contract between the City and the owner with consideration given by both 
to support development; encourage private participation 
facilities 
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parties to the contract. It is the goal of the City, in this regard, for the City to engage in 
creative planning strategies and the implementation of development approvals that 
enhance benefits to the public while ensuring that private property rights are protected. 
 
(e). 
The City Council of the City of Daytona Beach Shores has determined that it is in 
the best interest of achieving and maintaining the quality of life in the City to provide 
appropriate procedures and requirements for the adoption of development agreements 
through the provisions of land development regulations relating to development 
agreements. 
 
(f). 
The Citys Planning and Zoning Board, sitting as the Citys local planning agency 
has reviewed the proposed ordinance and has found that it is consistent with the Citys 
Comprehensive Plan and in the public interest. 
 
(g). Notwithstanding the provisions of this Ordinance, non-statutory development 
agreements may be entered into under the authority of the home rule powers of the City 
under Article VIII, Section 2 of the Constitution of the State of Florida, Chapter 166, 
Florida Statutes, and other controlling law. 
 
SECTION TWO: AUTHORIZATION TO ENTER INTO DEVELOPMENT 
AGREEMENTS; DEFINITIONS. 
 
(a). 
The City Council, in its sole and exclusive discretion, may enter into development 
agreements with the legal and equitable owners of real property within, or to be annexed 
to the City limits of the City of Daytona Beach Shores, as is authorized in Sections 
163.3220 through 163.3243, Florida Statutes, as it may be amended from time-to-time. 
Deviations from the provisions of the Citys land development regulations may be 
granted as part of an approval of a development agreement when the City Council finds 
that such approval will result in creative planning strategies and the implementation of 
development approvals that enhance benefits to the public while ensuring that private 
property rights are protected. The City Council may also determine that vested rights 
have been established as to a parcel of property in the context of approving a 
development agreement. 
 
(b). 
This Ordinance does not preclude the City from approving non-statutory 
development agreements or issue or enter development orders and development permits 
of whatsoever type or nature and to issue denials in accordance with Section 166.033, 
Florida Statutes, and other controlling law. 
 
(c). 
to the interpretation, application and implementation of this Ordinance. 
 
SECTION THREE: APPLICABILITY. 
 
A property owner desiring to enter into a development agreement with the City shall 
make a written application for such development agreement to the City Manager, or 
The definitions set forth in Section 163.3221, Florida Statutes, shall be applicable 
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designee. Such written request shall identify the lands which will be subject to the 
development agreement and shall identify all legal and equitable owners having any 
interest in such property. Such ownership interest shall be certified by a title company or 
an attorney licensed to practice law in the State of Florida. In the event that any 
partnerships, joint ventures or other entities, other than individuals, own a legal or 
equitable interest in the subject property, all principals and other persons with interest in 
such partnerships or joint ventures shall be revealed. In the event that any corporation 
owns a legal or equitable interest in the subject property, the officers and directors and 
any shareholder owning more than ten percent (10%) of the interest in the corporation 
shall be revealed. 
 
SECTION FOUR: DEVELOPMENT AGREEMENT CONTENT.  
 
(a). Any development agreement approved under the provisions of this Ordinance 
shall contain the following requirements: 
 
(1).  A legal description of the land subject to the development agreement and the 
identification of all persons having legal or equitable ownership therein. 
 
(2). 
The duration of the development agreement, which duration shall not exceed 
thirty (30) years, but which may be extended by mutual consent of the City and the 
developer. Any request for an extension shall be subject to the public hearing process 
necessary for the initial approval of said development agreement. 
 
(3). 
building intensities and building heights. 
 
(4). All documents required to comply with criteria cited in the land development 
regulations applicable to the subject project. 
 
(5). A description of the public facilities that will service the development including 
the designation of the entity that shall be providing such facilities. Additionally, if new 
facilities are needed to serve the project, the date by which such facilities will be 
constructed shall be provided. A schedule to ensure that public facilities shall be available 
concurrent with the impacts of the development shall also be provided. Such schedule, 
relating the provision of public facilities or services to events or thresholds in the 
development, may be substituted for the certain dates required hereunder. 
 
(6). 
The applicant may be required to provide a performance bond, letter of credit, or 
similar instrument, to be deposited with the City to secure the construction of any new 
facilities that are required to be constructed as part of the proposed development 
agreement. Alternatively, such construction may be a condition precedent to the issuance 
of any site development or building permits or other development permissions. In the 
event that the new public facilities are in place and operating at the time development 
permits are requested, no such performance bond or letter of credit shall be necessary 
unless such facilities are not adequate for the project. 
The development uses permitted on the land, including population densities, 
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(7). A description of any reservation or dedication of land for public purposes. The 
development agreement shall provide specifically how all impact fees and other funding 
requirements for the project are to be met. 
 
(8). 
In the event that land is to be conveyed to the City in discharge of the obligation 
of any impact fee or other similar obligation, the development agreement shall provide 
that such conveyance will be by warranty deed and will be accompanied by an 
environmental audit and a title insurance policy which shall be in an amount not less than 
the assessed value of the land. The applicant shall bear the cost of these requirements. 
 
(9). A description of all development permits approved or needed to be approved for 
the development of the land, which description shall specifically include, but not be 
limited to, the following: 
 
(A). Any required Comprehensive Plan amendments or changes in land use 
designations or changes in zoning classifications/districts assigned to property. 
 
(B). Any required submissions to or approvals from Volusia County; the State of 
Florida, Departments of Economic Opportunity (DEO), Environmental Protection (DEP), 
Transportation (DOT), or such other department or agency of the State as may be 
applicable; the United States Army Corps of Engineers; the St. Johns River Water 
Management District; the United States Environmental Protection Agency or any other 
federal departments or agencies with competent jurisdiction over any aspect of the 
proposed development. 
 
(10). A specific finding in the development agreement that the development permitted 
or proposed is consistent with the City's Comprehensive Plan and with the general 
purpose and intent of the land development regulations of the City. However, if 
amendments are required to the Comprehensive Plan or land development regulations, 
such amendments shall be specifically identified in the development agreement and the 
agreement may be contingent upon those amendments being made and approved by the 
appropriate governmental agencies. 
 
 (11). A statement indicating that failure of the development agreement to address a 
particular permit, condition, term or restriction shall not relieve the developer of the 
necessity of complying with the law governing said permitting requirements, conditions, 
terms or restrictions. 
 
(12). A finding that the terms and conditions of the development agreement benefit the 
public interest. 
 
(13). A description of any deviations that have been granted with regard to the 
provisions of the Citys land development regulations. 
 
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(14). A description of any vested rights in the property which is the subject of the 
development agreement which have been recognized and affirmed by the City. 
 
(15). Any other pertinent information that may be found necessary and required by the 
City. 
 
SECTION FIVE:  DEVELOPMENT AGREEMENT REVIEW; PROCESS AND 
PROCEDURE; ACTION BY CITY.  
 
(a). An applicant for approval of a development agreement shall submit an application 
subject to such administrative requirements as may be adopted by the City Manager, or 
designee, as well as the fee established by the City Council. No application shall be 
deemed accepted unless it is complete. 
 
(b). Upon receipt of a proposed development agreement, City staff shall review the 
proposal and develop proposed findings, in writing, respecting recommendations of 
approval, approval with conditions, modifications to the proposal or denial of the 
proposal. City staff shall provide to the City Council written recommended findings on 
the consistency of the application with the Citys Comprehensive Plan and the purpose 
and intent of the Citys land development regulations and recommend any conditions, 
terms, restrictions or other requirements determined to be necessary for the public health, 
safety, or welfare of the citizens of the City. 
 
(c). Upon receipt of the written recommendation of the City staff and any 
modifications to the application submitted by the applicant, the City staff shall refer the 
development agreement application to and agendize the application for two (2) public 
hearings before the City Council. 
 
(d). 
The City Council shall hold two (2) public hearings on an application for a 
development agreement and consider the recommendations of the City staff. The City 
Council shall take action on the proposed development agreement at its public hearing. 
 
(e). At the City Council's discretion, the development agreement may provide that the 
entire development, or any phase thereof, be commenced or completed within any 
specific period of time.  
 
The City Council may provide for any conditions, terms, restrictions or other 
(f). 
requirements determined to be reasonably necessary for the public health, safety or 
welfare of City residents and property owners. 
 
(g). 
In the event that development requirements are not satisfied, action in reliance on 
the development agreement or expenditures in pursuance of its terms, shall not vest any 
development rights in the applicant/property owner. Failure to perform as specified in the 
development agreement shall not constitute partial performance entitling the applicant or 
property owner to a continuation of the development agreement. 
 
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The day, time and place at which the second public hearing will be held shall be 
 
SECTION SIX: NOTICING REQUIREMENTS. 
 
(a). Notice of intent to consider a development agreement shall be advertised 
approximately seven (7) days before each public hearing in a newspaper of general 
circulation and readership in Volusia County. 
 
(b). Notice of intent to hear a development agreement shall also be mailed to all 
affected property owners within two hundred feet (200) of the subject property 
approximately fifteen (15) days before the first public hearing in a manner which is 
deemed appropriate and effective by the City. 
 
(c). 
announced at the first public hearing. 
 
(d). 
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 for review and copying. 
 
SECTION SEVEN:  DURATION OF DEVELOPMENT AGREEMENT. 
 
(a). 
The duration of the development agreement shall not exceed thirty (30) years. The 
agreement may be extended by mutual consent of the City Council and the developer, 
subject to a public hearing. 
 
(b). Burdens of the development agreement shall be binding upon, and the benefits of 
the development agreement shall inure to, all successors in interest to the parties to the 
development agreement. 
 
SECTION EIGHT:    RECORDING OF DEVELOPMENT AGREEMENT; 
EFFECTIVE DATE OF DEVELOPMENT AGREEMENT; TRANFERS.  
 
(a). Within fourteen (14) days after the City enters into a development agreement, the 
City Clerk shall record the agreement with the Clerk of the Circuit Court of Volusia 
County.  
 
(b). A development agreement shall become effective only after it is recorded. 
 
(c). 
The burdens of the development agreement shall be binding upon, and the 
benefits of the agreements shall inure to, all successors in interest to the parties of the 
agreement. 
 
(d).  A development agreement is transferable. However, so long as the land or 
structure or any portion thereof covered under the development agreement continues to 
be used for the purposes for which it was issued, then no person (including successors 
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and assigns of the person(s) or entity(ies) who obtained the development agreement) may 
make use of the land except in accordance with the conditions and requirements of the 
development agreement. The provisions of a development agreement run with and burden 
the real property to which it relates until release or amended in accordance with formal 
action of the City. 
 
SECTION NINE: 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; provided, however, that a substantial 
modification of a development agreement shall, in the Citys sole discretion, require 
approval by the City Council in accordance with the procedures set forth in this 
Ordinance. 
 
SECTION TEN: MODIFICATION/REVOCATION OF DEVELOPMENT 
AGREEMENT.  
 
(a). A substantial modification of a development agreement shall, in the Citys sole 
discretion, require approval by the City Council in accordance with the procedures set 
forth in this Ordinance. 
 
(b). 
If State or Federal laws are enacted after the execution of a development 
agreement which are applicable to and preclude the parties' compliance with the terms of 
a development agreement, the development agreement shall be modified or revoked as is 
necessary to comply with the relevant State or Federal laws. 
 
SECTION ELEVEN: PERIODIC REVIEW OF DEVELOPMENT AGREEMENT. 
  
(a). 
The City shall review land subject to a development agreement at least once every 
twelve (12) months to determine if there has been demonstrated good faith compliance 
with the terms of the development agreement.  
 
(b). 
If the City Council 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. 
 
SECTION TWELVE: ENFORCEMENT AND PENALTIES. 
 
(a). 
requirements of this Ordinance. 
 
(b).  The City may enforce the provisions of this Ordinance by any lawful means 
available to the City under the controlling provisions of State law. 
 
It is prohibited and unlawful for any person to fail to comply with the 
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SECTION THIRTEEN: SAVINGS. The prior actions of the City of Daytona Beach 
Shores relating to the regulation of lands and development activities within the City are 
hereby ratified and affirmed. 
 
SECTION FOURTEEN: CODIFICATION AND IMPLEMENTATION. 
 
(a). 
The provisions of this Ordinance, including its recitals, shall become and be made 
a part of the Code of Ordinances of the City of Daytona Beach Shores, Florida and the 
Sections of this Ordinance may be renumbered or re-lettered to accomplish such intention 
and the word "Ordinance", or similar words, may be changed to "Section," "Article", or 
other appropriate word; provided, however, that Sections Two, Three, Four, Five, Six and 
Seven shall not be codified. The Code codifier is granted liberal authority to codify the 
provisions of this Ordinance. 
 
(b). 
necessary for the implementation of this Ordinance. 
 
SECTION FIFTEEN: CONFLICTS. All ordinances or parts thereof in conflict with 
this Ordinance are hereby repealed to the extent of such conflict. 
The City Manager is hereby authorized to adopt rules that are administratively 
SECTION SIXTEEN: SEVERABILITY. If any section, subsection, sentence, clause, 
phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid 
or unconstitutional by any court of competent jurisdiction, such portion or application 
shall be deemed a separate, distinct, and independent provision and such holding shall not 
affect the validity of the remaining portions thereof. 
 
SECTION SEVENTEEN: EFFECTIVE DATE. This Ordinance shall 
immediately upon enactment. 
take effect 
CITY OF DAYTONA BEACH SHORES, FLORIDA 
____________________________________ 
HARRY JENNINGS, MAYOR 
 
 
 
 
 
 
 
 
 
 
________________________________________ ______________________________ 
CHERI SCHWAB, CITY CLERK 
MICHAEL T. BOOKER, CITY MANAGER 
Approved as to form and legality: 
_________________________________________ 
LONNIE GROOT, CITY ATTORNEY 
Passed on first reading this ______ day of ________, 2013 
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Adopted on second reading this _______ day of _______, 2013 
 
Ord 2013-10 
 
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