§ 134-292. Legislative intent and findings of fact.

The board of county commissioners finds and declares that each of the following statements are true and correct, and hereby adopts these statements as the legislative findings of the board, which shall be considered as further justification and authority for the adoption of this article.

(a)

The provisions of F.S. §§ 163.3220—163.3243 set forth the local government development agreement act (the "act").

(b)

The provisions of F.S. § 163.3223 provide that local governments may, by ordinance, establish procedures and requirements, as provided by the act, to consider and enter into development agreements with any person having a legal or equitable interest in real property within its jurisdiction.

(c)

The act recognizes that 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.

(d)

The act recognizes that assurance to a developer that upon receipt of his development permit he may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development.

(e)

In conformity with, in furtherance of, and in order to implement the local government comprehensive planning and land development regulation act (F.S. § 163.3161 et seq.) and the state comprehensive planning act of 1972 (F.S. § 186.001 et seq.), it was the intent of the state legislature in adopting the act to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development.

(f)

The act authorizes local governments to enter into development agreements with developers, subject to the procedures and requirements of the act.

(g)

The act provides that the act shall be regarded as supplemental and additional to the powers conferred upon local governments by other laws and shall not be regarded as in derogation of any powers now existing.

(h)

The provisions of Ordinance No. 89-32, attachment B, adopting the county comprehensive plan, in b), referencing the concurrency management system, minimum requirements for concurrency, subsections A)4. and B)2., and section 134-225(d)(3) specifically anticipate the use of development agreements to satisfy concurrency requirements for necessary facilities and services.

(i)

The provisions of F.S. § 125.01(1)(t), (11)(w), provide authority for the county to adopt ordinances which are in the common interest of the people of the county and not specifically prohibited by law.

(j)

It is the intent of this article 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.

(k)

It is the intent of this article to encourage comprehensive planning by developers by affording greater predictability and reducing risks in order to lessen the costs of providing major infrastructure and public benefits.

(Ord. No. 18-36 , § 3(Att. A), 10-23-18)