Chapter 26 - City of Punta Gorda

(4) A conceptual site plan containing such information as may be required by
the City Manager to properly consider the development proposal. In the
event that a site plan is required in the zoning district designation in
which the property will ultimately be developed, all the requirements of
that site plan process and submittals shall be met prior to development.
(5) A description of the public facilities that will service the development,
including designation of the entity or agency 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 and a schedule to assure
that public facilities shall be available concurrent with the impacts of the
development will be provided. The development agreement may provide
for a letter of credit to be deposited with the City to secure the
construction of any new facilities that are required to be constructed.
Alternatively, such construction of facilities may be a condition precedent
to the issuance of any 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 letter
of credit shall be necessary unless such facilities are not adequate for the
project.
(6) A description of any reservation or dedication of land for public
purposes. The development agreement shall provide specifically how the
land dedication ordinance obligation for the project, if any, is to be met.
In the event that land is to be conveyed to the City in discharge of the
land dedication ordinance obligation, the development agreement will
provide that such conveyance will be by warranty deed and will be
accompanied by a title insurance policy [at the expense of the property
owner] in an amount not less than the fair market value of the land.
(7) A description of all local development permits approved or needed to be
approved for the development of the land, specifically to include at least
the following: any required zoning amendments, any required land use
plan amendments, any required submissions to the Southwest Florida
Regional Planning Council, or the Department of Community Affairs, any
required permissions of the State Department of Environmental
Protection, the U.S. Army Corps of Engineers, the Southwest Florida Water
Management District, the U.S. Environmental Protection Agency, and any
other governmental permissions that are required for the project. The
development agreement shall specifically provide that said development
permissions will be obtained at the sole cost of the property owner and
that, in the event that any development permissions are not received, that
no further development of the property shall be allowed until such time
as the City Council 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. Under these conditions, action in
reliance on the development agreement or expenditures in pursuance of
its terms or any rights accruing to the property owner thereunder shall
not vest any development rights in the property owner, nor shall it
constitute partial performance entitling the property owner to a
continuation of the development agreement.
(8) A specific finding in the development agreement that the development
permitted or proposed is consistent with the City’s comprehensive plan
and the land development regulations of the City or that, if amendments
are necessary to the zoning district designations or land use plan
designations on the subject property, that such development agreement
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