CITY OF TALLAHASSEECITY COMMISSION AGENDA ITEM
ACTION REQUESTED ON: September 10, 2009
SUBJECT/TITLE: Introduction of Ordinance No. 09-O-40, Amendment to Land Development Code Criteria for Site Plan Deviations
TARGET ISSUE: Long Range Community Planning
STATEMENT OF ISSUE
The City’s Land Development Code includes 7 criteria for deviations to certain development standards for site plans. See Section 9-233, LDC. The LDC states that an applicant for a deviation must show that it meets all 7 criteria. City staff interprets this to mean that the applicant must show that it meets only the criteria that are applicable to its project. The language in the LDC that currently states “all criteria set forth in this section have been met” has proved problematic in site plan challenges that go to the Division of Administrative Hearings under the City’s quasi-judicial procedures. The hearing officers have agreed with the City’s interpretation in all cases in which this has arisen, but it has required a significant investment of time and extensive testimony from long-time City staff members to provide evidence of the City’s custom of interpreting the provision to apply only criteria that are applicable to a particular site plan.
The City Attorney’s Office has drafted an amendment to Section 9-233, LDC, (Ordinance No. 09-O-40) to clarify that City staff may require applicants to meet only criteria that are applicable to the site plan. (Attachment 1) The ordinance is before the City Commission for introduction and to set the public hearing for October 28, 2009.
The Long Range Community Planning Commissioners (Lightsey and Gillum) are sponsors of this ordinance.
RECOMMENDED ACTION
Option 1. Introduce Ordinance No. 09-O-40, and set the first and only public hearing for Wednesday, October 28, 2009, at 6:00 PM.
FISCAL IMPACT
None expected, except that staff time during evidentiary hearings should be lessened.
James R. English, City Attorney
For Information, please contact: Linda Hudson, Assistant City Attorney, ext. 8554
SUPPLEMENTAL MATERIAL/ISSUE ANALYSIS
HISTORY/FACTS & ISSUES
Section 9-233, of the City’s Land Development Code includes 7 criteria for deviations to certain development standards for site plans, as follows:
(1) The deviation will not be detrimental to the public good or to the surrounding properties;
(2) The granting of the deviation is consistent with the intent and purpose of chapters 9 and 10 and the comprehensive plan;
(3) The deviation requested is the minimum deviation that will make possible the reasonable use of the land, building, or structure;
(4) The strict application of the requirements of chapters 9 and 10 will constitute a substantial hardship to the applicant, which hardship is not self-created or imposed;
(5) There are exceptional topographic, soil, or other environmental conditions unique to the property;
(6) The deviation requested would provide a creative or innovative design alternative to substantive standards and criteria; and
(7) The impacts associated with the deviation requested are adequately mitigated through alternative measures.
At this time, Section 9-233 states that an applicant for a deviation must show that it meets all 7 criteria.
For years, City staff has interpreted this to mean that the applicant must show that it meets only the criteria that are actually applicable to its project. For example, if a site plan is for redevelopment of an urban site with no environmental features, staff has not required the applicant to meet the criterion that the site has “exceptional topographic, soil, or other environmental conditions unique to the property.”
The language in the LDC that currently states “all criteria set forth in this section have been met” has proved problematic in site plan challenges that go to the Division of Administrative Hearings under the City’s quasi-judicial procedures. The hearing officers have agreed with the City’s interpretation in all cases in which this issue has arisen, but it has required a significant investment of time and extensive testimony from long-time City staff members to provide evidence of the City’s custom of interpreting the provision to apply only criteria that are applicable to a particular site plan.
The City Attorney’s Office has drafted an amendment to Section 9-233, LDC, (Ordinance No. 09-O-40) to make it clear that City staff may require applicants to meet only criteria that are applicable to the site plan. (Attachment 1) The draft ordinance gives the authority to determine which criteria are applicable to a particular site plan to the entity with approval authority for the site plan. For a Type A site plan, that would be the Land Use Administrator; for Type B, it would be the Development Review Committee; and for Type C, it would be the Planning Commission.
The Long Range Community Planning Target Issue work group reviewed the proposed ordinance on August 19, 2009, and Commissioners Lightsey and Gillum agreed to sponsor the ordinance. The proposed ordinance is before the City Commission for introduction and to set the first and only public hearing for Wednesday, October 28, 2009.
RECOMMENDED ACTION
1. Introduce Ordinance No. 09-O-40, and set the first and only public hearing for Wednesday, October 28, 2009, at 6:00 PM.
2. Introduce Ordinance No. 09-O-40, as revised by the City Commission, and set the first and only public hearing for Wednesday, October 28, 2009, at 6:00 PM.
3. Do not introduce Ordinance No. 09-O-40, and provide directions to staff.
ATTACHMENTS/REFERENCES