HomeMy WebLinkAbout2023 03 27 Regular 501 - Discussion on Non-Binding Presentation Requirement • REGULAR AGENDA ITEM 501
,n m.=ared CITY COMMISSION AGENDA I MARCH 27, 2023 REGULAR MEETING
1959
TITLE
Discussion on Non-Binding Presentation Requirement
SUMMARY
Deputy Mayor Elliott requested that a discussion be held to consider requiring
non-binding reviews by development applicants. The Commission previously
adopted Ordinance 2019-09 which created Section 20-28.1 of the City Code,
included below:
Sec. 20-28.1. - Conceptual plan review—Non-binding and binding by
development agreement.
Applicants may, at their option and sole cost and risk, submit site layout and
building elevation designs in schematic or sketch form to the city commission
for a non-binding and preliminary review as an initial courtesy to the applicant.
These submittals are subject to a more formal application process which
requires the submission of more detailed plans and specifications and
requires a more detailed review and final consideration of approval by the city
commission. Comments and statements made by city officials at the
preliminary review are non-binding unless memorialized in a written
agreement approved by the city commission. City staff and the applicant shall
only seek feedback from the commission and city staff shall not make a
formal recommendation regarding the proposed project at this time, unless
the application is accompanied by a written development agreement being
proposed by city staff for the commission's approval or during the preliminary
review, a development agreement is pursued by the city commission and the
applicant. In which case, the city staff shall make a recommendation
regarding the application and proposed agreement. This non-binding and
preliminary review shall not be relied upon by the applicant as a final decision
and shall not be construed in any manner as creating any vested right or
entitlement for the development of the subject property. By requesting and
participating in the optional preliminary review process, the applicant shall be
deemed to have read and agreed to this code provision and to hold the city
and its officials harmless for any future actions they may have taken based on
the results of a preliminary review pursuant to this section.
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RECOMMENDATION
Staff recommends the Commission discuss and provide further direction.
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