Common use of Prohibition on Downzoning Clause in Contracts

Prohibition on Downzoning. (1) The Comprehensive Plan, this Agreement and the Brickell CityCentre SAP shall govern development of the Property for the duration of the Agreement. The City's laws and policies adopted after the Effective Date may be applied to the Property only if the determinations required by Section 163,3233(2), Florida Statutes (2010) have been made after 30 days written notice to Swire and at a public hearing. (2) Pursuant to Section 163.3233(3), Florida Statutes (2010), this prohibition on downzoning supplements, rather than supplants, any rights that may vest to Swire under Florida or Federal law. As a result, Swire may challenge any subsequently adopted changes to land development regulations based on (a) common law principles including, but not limited to, equitable estoppel and vested rights, or (b) statutory rights which may accrue by virtue of Chapter 70, Florida Statutes (2010).

Prohibition on Downzoning. (1) The Comprehensive Plan, the Existing Zoning, and this Agreement and the Brickell CityCentre SAP shall govern the development of the Property SAP Properties designated a part thereof for the duration of the Agreement. The City's laws and policies adopted after the Effective Date may be applied to the Property SAP only if the determinations required by Section 163,3233(2s. 163.3233(2), Florida Statutes (20102013) have been made after 30 days written notice to Swire and at following a public hearinghearing or as otherwise provided herein. (2) Pursuant to Section s. 163.3233(3), Florida Statutes (20102013), this prohibition on downzoning supplements, rather than supplants, any rights that may vest to Swire Developer Parties under Florida or Federal law. As a result, Swire Developer Parties may challenge any subsequently adopted changes to land development regulations based on (a) common law principles including, but not limited to, equitable estoppel and vested rights, or (b) statutory rights which may accrue by virtue of Chapter 70, Florida Statutes (20102013).

Prohibition on Downzoning. (1) The Comprehensive Plan, the Existing Zoning, and this Agreement and the Brickell CityCentre SAP shall govern the development of Block 5 East within the Property for the duration of the AgreementMiami Design District Retail Street Special Area Plan area. The City's ’s laws and policies adopted after the Effective Date may be applied to the Property SAP only if the determinations determination required by Section 163,3233(2s. 163.3233(2), Florida Statutes (20102013) have been made after 30 days written notice to Swire and at following a public hearinghearing or as otherwise provided herein. (2) Pursuant to Section s. 163.3233(3), Florida Statutes (20102013), this prohibition on downzoning downsizing supplements, rather than supplants, any rights that may vest to Swire Developer under Florida or Federal law. As a result, Swire Developer may challenge any subsequently adopted changes to land development regulations based on (a) common law principles including, but not limited to, to equitable estoppel and vested rights, or (b) statutory rights which may accrue by virtue of Chapter 70, Florida Statutes (20102011).

Prohibition on Downzoning. (1) The Comprehensive Plan, the Existing Zoning, and this Agreement and the Brickell CityCentre SAP shall govern the development of Block 5 East within the Property for the duration of the AgreementMiami Design District Retail Street Special Area Plan area. The City's ’s laws and policies adopted after the Effective Date may be applied to the Property SAP only if the determinations determination required by Section 163,3233(2s. 163.3233(2), Florida Statutes (20102013) have has been made after 30 days written notice to Swire and at following a public hearinghearing or as otherwise provided herein. (2) Pursuant to Section s. 163.3233(3), Florida Statutes (20102013), this prohibition on downzoning downsizing supplements, rather than supplants, any rights that may vest to Swire the Developer under Florida or Federal law. As a result, Swire the Developer may challenge any subsequently adopted changes to land development regulations based on (ai) common law principles including, but not limited to, equitable estoppel and vested rights, ; or (bii) statutory rights which may accrue by virtue of Chapter 70, Florida Statutes (20102011).