Planning Application

Development Agreement

Planning & Economic Development Department 2240 Minton Road West Melbourne, FL 32904-4928 phone: (321) 837-7778 fax: (321) 768-2390 www.westmelbourne.org Updated June 2016

Page 1 of 8

Development Agreement Application NO PLANNING APPLICATION CAN BE ACCEPTED UNLESS ALL REQUIRED INFORMATION IS SUBMITTED.

GENERAL PROJECT INFORMATION

Date:

Project Name: Property Address/ Location Description:

Legal Description:

section

township

range

(attach separate sheet if necessary) Tax Acct. Number(s):

Acreage of Site: Zoning:

Number of Structures on Site: Future Land Use:

Current Property Use:

Proposed Property Use:

Project Site Information:

Proposed Development Agreement Timeframe:

Updated June 2016 Page 2 of 8

CONTACT INFORMATION Property Owner: Mailing Address: Phone:

Fax:

Email: (Submit additional sheet(s) for multiple property owners)

Applicant: Applicant Contact: Mailing Address: Phone:

Fax:

Email: Applicant’s Representative (Person to receive communication from the City): Company: Address: Phone:

Fax:

Email: Applicant’s Engineer (Contact Person): Company: Address: Phone:

Fax:

Email:

Applicant’s Architect or Surveyor (Contact Person): Company: Address: Phone:

Fax:

Email: Updated June 2016

Page 3 of 8

OW NER’S AUTHORIZ AT IO N FOR DEVELOPMENT AGREEMENT APPLICATION This form only needs to be completed if the Applicant or Applicant’s Representative is different from the Owner

DATE: TO:

City of West Melbourne Attn: Planning & Growth Management Department 2240 Minton Road West Melbourne, FL 32904

RE: (Address and/or Legal Description)

Please accept this document as authorization for (Name of Applicant)

to apply for a Development Agreement for the property described above.

Owner’s signature

Date

Owner’s Name

Street Address

City, State, Zip Code

Telephone Number

The above signed applicant appeared before me and personally subscribed and sworn before me on this

day of

, 20

.

Form of identification: My commission expires on the

day of

_, 20

.

(Seal of Notary) Signature of Notary Public

Name of Notary (printed, typed, or stamped)

Updated June 2016

Page 4 of 8

AFFIDAVIT OF APPLICATION This form can be signed by the Owner or Applicant

1. I am the owner and/or legal representative of the owner of the property described, which is the subject of the application.

2. All the answers to the questions in said application and all surveys and/or site plans and data attached to and made part of this application are honest and true to the best of my knowledge and belief. By my signature below, I acknowledge that I have complied with all submittal requirements and that this request package is complete. I further understand that an incomplete application submittal may cause my application to not be accepted. 3. Should this application be granted, I understand that any condition(s) imposed upon the granting of this request shall be binding to the owner, his or her heirs, and successors in title to possession of the subject property. 4. I understand that I must attend all applicable meetings and have been informed of the meeting date(s) and time(s). I understand that if I fail to appear at an applicable meeting, the appropriate Board or Commission may either table or deny the request. 5. I understand that my request if approved as a final site plan and if capacity availability has been demonstrated and reserved, the approval encumbers utility, road, and other infrastructure capacity as noted in Land Development Regulation Section 70-2. This matter is subject to quasi-judicial rules of procedure. Interested parties should limit contact with the City Council and Planning & Zoning Board on this topic to properly noticed public hearings or to written communication to the City Clerk’s Office, City of West Melbourne, 2240 Minton Road, West Melbourne, FL 32904.

Signature

Date

The above signed applicant appeared before me and personally subscribed and sworn before me on this

day of

, 20

.

Form of identification: My commission expires on the

day of

_, 20

.

(Seal of Notary) Signature of Notary Public

Name of Notary (printed, typed, or stamped)

Updated June 2016

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JOINDER IN BINDING DEVELOPMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, being the authorized agent and signatory for the owner and holder of that certain Mortgage dated , given by , as mortgagor, in favor of the undersigned, , as mortgagee, recorded in Official Record Book page(s) , Public Records of Brevard County, Florida, and encumbering lands described in said Mortgage, does hereby join the foregoing Binding Development Agreement for the purpose of subordinating the lien of the undersigned’s Mortgage to said Binding Development Agreement. WITNESSES:

MORTGAGEE:

Witness Signature

Name of Company

Witness Name

Address Line 1

Address Line 2

Witness Signature

Authorized Agent Signature

Witness Name

Authorized Agent Name

STATE OF COUNTY OF

The foregoing instrument was acknowledged before me on this , 20

day of

, by

who is personally known to me or who has produced as identification. My commission expires on the

day of

_, 20

.

(Seal of Notary) Signature of Notary Public

Name of Notary

Updated June 2016

Page 6 of 8

DEVELOPMENT AGREEMENT SUBMITTAL REQUIREMENTS Development Agreement Application Fee—full fee is due at time of submittal  $750 (development agreement)  $200 (extension of development agreement) Public Notice Fee—full fee is due at time of submittal for both the legal advertisement and the property owner notification. Contact the Planning & Growth Management Department at (321) 837-7778. Reviewing Bodies  City Staff  Planning & Zoning Board  City Council

Your submittal must include the following: 1.  A detailed explanation of why the Development Agreement is being requested, giving all details and pertinent information and the reasons for this request. If the applicant is other than the legal owner, the applicant’s interest shall be indicated and the legal owner’s authority to apply shall be included in a certified legal form (see page 4 of this application). 2.  Completed application form 3.  All applicable fees 4.  Affidavit of Application 5.  Owner’s Authorization (if applicable) 6.  Joinder in Binding Development Agreement (if applicable) 7.  Listing of all property owners within 500 feet of the property (as provided by the Brevard County Property Appraiser’s Office, if applicable) 8.  One (1) copy of the site plan that is being submitted with the Site Plan Review Application (only if this application is submitted separate from the site plan application)

The Development Agreement document must include the following: 9.  A legal description of the land subject to the agreement, and the names of its legal and equitable owners (copies of warranty deeds); 10.  The duration of the agreement 11.  A description of the uses permitted on the land, including population densities, and building intensities, residential density and height. 12.  A description of public facilities that will serve the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development; 13.  A description of any reservation or dedication of land for public purposes; 14.  A description of all local development permits approved or needed to be approved for the development of the land; 15.  A statement that the development permitted or proposed is consistent with the local government’s comprehensive plan and the manner in which the land development regulations will be followed (or the agreed upon waivers) 16.  A statement indicating that the failure of the 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, term, or restriction. 17.  A statement, if applicable, demonstrating preservation of environmentally sensitive land and protected species. 18.  A statement, if applicable, indicating pedestrian access is being included. 19.  A statement that if the developer fails to comply with the terms of the agreement, the City may bring an action in a court of law to protect its rights and interests. 20.  A mortgage “joinder for development agreement” must be completed, signed and returned to the City at the time of development agreement application, if applicable. 21.  A development agreement may provide the entire development or any phase thereof be commenced or completed within a specific time period. 22.  Other information deemed necessary by the Planning Director for the review of the proposed project.

Updated June 2016

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UPCOMING MEETING DATES Judge T. Mitchell Barlow, Jr. Council Chamber 2285 Minton Road West Melbourne, FL 32904 Planning & Zoning Board

City Council

Board of Adjustment

January 12, 2017

January 17, 2017

January 26, 2017

February 14, 2017

February, 7, 2017

February 23, 2017

February 21, 2017 March 14, 2017

March 7, 2017

March 23, 2017

March 21, 2017 April 13, 2017

April 4, 2017

April 27, 2017

April 18, 2017 May 17, 2017

May 2,2017

May 25, 2017

May 16, 2017 June 13, 2017

June 6, 2017

June 22, 2017

June 20, 2017 July 13, 2017

July 18, 2017

July 27, 2017

August 10, 2017

August 15, 2017

August 24, 2017

September 20, 2017

September 5, 2017

September 28, 2017

September 19, 2017 October 12, 2017

October 3, 2017

October 26, 2017

October 17, 2017 November 14, 2017

November 7, 2017

November 16, 2017

November 21, 2017 December 12, 2017

December 5, 2017 December 19, 2017

Note: Meeting dates are subject to change or cancellation.

December 28, 2017