CITY OF TALLAHASSEE
CITY COMMISSION AGENDA ITEM
ACTION REQUESTED ON: April 22, 2009
SUBJECT/TITLE: First and Only Public Hearing on Ord. No. 09-O-17, Suspending Site Plan Application Requirements for Governmental Capital Projects During Local Economic Emergency
TARGET ISSUE: Economic Development
STATEMENT OF ISSUE
On February 11, 2009, the City Commission approved an emergency ordinance (Ordinance No. 09-O-13) declaring a state of local economic emergency in the City of Tallahassee and, among other things, suspending certain permitting requirements for public entities for capital projects. The purpose of the suspension of permitting requirements was to enable breaking of ground on capital projects rapidly in order to help fuel the local economy. It has become apparent that, in order for the suspension of permitting requirements to accomplish the intended purpose, another step needs to be taken – the suspension of certain site plan submittal requirements for the governmental capital projects. The City Attorney’s Office has prepared an ordinance, Ordinance No. 09-O-17, amending the Land Development Code to suspend certain site plan submittal requirements during any period declared a Local Economic Emergency. (Attachment 1) The ordinance is before the City Commission for a public hearing. The ordinance was introduced on March 25, 2009.
RECOMMENDED ACTION
Approve option 1. Hold the public hearing and approve Ordinance No. 09-O-17.
FISCAL IMPACT
It is hoped that suspension of site plan submittal requirements for governmental capital projects will help energize the local economy.
James R. English, City Attorney
For Information, please contact: Linda Hudson, Assistant City Attorney, Ext. 8554
SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS
HISTORY/FACTS & ISSUES
On February 11, 2009, the City Commission approved an emergency ordinance (Ordinance No. 09-O-13) declaring a state of local economic emergency in the City of Tallahassee and, among other things, suspending certain permitting requirements for public entities for capital projects. The purpose of the suspension of permitting requirements was to enable breaking of ground on capital projects rapidly in order to help fuel the local economy. It has become apparent that, in order for the suspension of permitting requirements to accomplish the intended purpose, another step needs to be taken – the suspension of certain site plan submittal requirements for the governmental capital projects. The City Attorney’s Office has prepared an ordinance, Ordinance No. 09-O-17, amending the Land Development Code to suspend certain site plan submittal requirements during any period declared a Local Economic Emergency. (Attachment 1) The ordinance is before the City Commission for introduction and to set a public hearing.
The proposed ordinance will amend Section 9-132 of the Land Development Code related to site plans to waive certain site plan submittal requirements during any period of Local Economic Emergency declared by the City Commission. It applies only to the following governmental agencies – the United States, State of Florida, Leon County, Blueprint 2000, Leon County School Board, and the City of Tallahassee. Neither development standards nor submittal of information needed to insure that capital projects meet the development standards in the Land Development Code are waived; only the formal submittal requirements are waived. The waivers in the ordinance extend to modifications for the capital projects.
The City Manager or her designee will be responsible for making sure development standards are met. No required fees are waived nor does the ordinance waive requirements other governmental entities have for capital projects. The ordinance also eliminates appeal rights at the City level for these projects. Any person adversely affected who wants to challenge a project will pursue those remedies in Circuit Court.
The proposed ordinance is before the City Commission for the first and only public hearing.
OPTIONS
1. Hold the public hearing and approve Ordinance No. 09-O-17.
2. Hold the public hearing and approve Ordinance No. 09-O-17, as revised by the City Commission.
3. Hold the public hearing and do not approve Ordinance No. 09-O-17. Provide direction to staff.
ATTACHMENTS/REFERENCES