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Home My WebLink About2001 03 14 Regular G Final Development Orders COMMISSION AGENDA ITEM G Consent Informational Public Hearing Regular X March j 200 I Meeting l~ . Mgr. / Att. / Dept. REQUEST: The City Manager and City Attorney request the City Commission consider the appointment ofthe Town Center Development Review Committee (TC DRC) for purposes of approving final development orders pursuant to the Town Center Zoning Code. PURPOSE: The purpose of this Agenda Item is to request the City Commission to consider appointing the Town Center DRC for purposes of approving final development orders within the Town Center. APPLICABLE LAW AND PUBLIC POLICY: Under the Town Center Zoning Code, the TC DRC approves final development orders within the Town Center. Because the TC DRC is not an advisory board and has final decision making authority, the TC DRC is a quasi-judicial board under Snyder v. Brevard County Board of Commissioners, 627 So.2d 469 (Fla. 1993). Therefore, the TC DRC is subject to the Florida Sunshine Law: The TC DRC is also subject to quasi-judicial procedures including: (l) providing public notice, (2) applicant's/interested parties right to a hearing, (3) right to cross-examine witnesses, (4) right to present evidence and etc. Further, quasi-judicial rules place certain limitations on ex-parte communications between members of the TC DRC. See, Dade County v. Jennings, 589 So.2d 1337 (Fla. 3d DCA 1991). Quasi-judicial land use decisions are also subject to appeal to a court of competent jurisdiction, Bert Harris claims, constitutional takings claims, and administrative challenges under Chapter 163, Florida Statutes. Page I of 3 CONSIDERATIONS: A. The City Commission adopted the Town Center Zoning Code in June, 2000. B. Final development approval for the first Town Center project may occur in the Spring of 2001. C. The TC DRC must be appointed prior to the City issuing a final development order for the first Town Center project. D. The current City DRC, made up of City Staff, usually only acts in an advisory capacity and may not be best suited to be the TC DRC, as explained in E. below. E. City Staff will be needed to process Town Center development applications and to prepare agendas for the TC DRC. These staff members should not serve on the TC DRC because of the quasi-judicial/ex-parte communication requirements. F. The types of projects approved by the TC DRC will establish the character, aesthetics, and ambiance of the Town Center. G. The City Attorney will have to attend all meetings of the TC DRC because of the quasi- judicial nature of the TC DRC and the potential oflegal actions being filed against the City challenging final decisions of the TC DRC. OPTIONS: The City Commission has several options: I. Appoint the City Commission as the TC DRC. 2. Appoint an odd number of citizens (5 or 7) to the TC DRC who are qualified and skilled in neotraditional urban design, land development, and the Town Center project. 3. Appoint an odd number of City Staff to the TC DRC who are qualified and skilled in neotraditionaldesign, land development, and the Town Center project. STAFF RECOMMENDATION: The City Manager and City Attorney recommend that the City Commission be appointed as the Town Center Development Review Committee. Appointment should be made by resolution.. Page 2 of 3 ATTACHMENT: Resolution Number 2001-08 COMMISSION ACTION: F:\DOCS\City ?f Winter Springs\Agenda\3-12-01 agenda item town eenter.kj Page 3 of3 RESOLUTION NO. 2001-08 A RESOLUTION OF THE CITY COMMISSION OF WINTER SPRINGS DESIGNATING THE CITY COMMISSION AS THE TOWN CENTER DEVELOPMENT REVIEW COMMITTEE FOR PURPOSES OF APPROVING FINAL DEVELOPMENT ORDERS UNDER THE TOWN CENTER DISTRICT CODE; PROVIDING THAT CITY STAFF WILL PROVIDE TECHNICAL ASSISTANCE AND MAKE RECOMMENDATIONS UNDER THE TOWN CENTER DISTRICT CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Center District Code provides that a Development Review Committee will serve in an advisory capacity for special exceptions and a Development Review Committee will also approve certain final development orders for Town Center development; and WHEREAS, the City Commission finds that it is in the best interests of the public health, safety, and welfare to designate the City Commission as the Town Center Development Review Committee for purposes of approving final development orders under the Town Center District Code and for city staff to serve as technical advisors for purposes of making recommendations to the City Commission/Town Center Development Review Committee under the Town Center District Code. NOW, THEREFORE, be it resolved by the City Commission, as follows: SECTION I: Except as provided in section II of this Resolution, the City Commission is hereby designated as the "Development Review Committee" as described in the Town Center District Code. While serving in this capacity, the City Commission shall be known as the "Town Center Development Review Committee." In all cases where the "Development Review Committee" has final decision making authority under the Town Center District Code, the Town Center Development Review Committee shall make said final decisions. It is the intent and purpose of this resolution that final decisions for development orders under the Town Center District Code be made by the City Commission, acting as either the City Commission or Town Center Development Review Committee. SECTION II: City staff shall provide technical assistance and make recommendations to the City Commission/Town Center Development Review Committee under the Town Center District Code. In addition, in all cases where the "Development Review Committee" serves in an advisory capacity to the City Commission under the Town Center District Code, city staff, appointed by the City Manager, shall serve as said Development Review Committee. SECTION III: This resolution shall become effective immediately upon adoption. Passed and Adopted this day of March, 2001. CITY OF WINTER SPRINGS PAUL P. PARTYKA, MAYOR ATTEST: CITY CLERK RESOLUTION NO. 2001-08 A RESOLUTION OF THE CITY COMMISSION OF WINTER SPRINGS DESIGNATING THE CITY COMMISSION AS THE TOWN CENTER DEVELOPMENT REVIEW COMMITTEE FOR PURPOSES OF APPROVING FINAL DEVELOPMENT ORDERS UNDER THE TOWN CENTER DISTRICT CODE; PROVIDING THAT CITY STAFF WILL PROVIDE TECHNICAL ASSISTANCE AND MAKE RECOMMENDATIONS UNDER THE TOWN CENTER DISTRICT CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Center District Code provides that a Development Review Committee will serve in an advisory capacity for special exceptions and a Development Review Committee will also approve certain final development orders for Town Center development; and WHEREAS, the City Commission finds that it is in the best interests of the public health, safety, and welfare to designate the City Commission as the Town Center Development Review Committee for purposes of approving final development orders under the Town Center District Code and for city staff to serve as technical advisors for purposes of making recommendations to the City Commission/Town Center Development Review Committee under the Town Center District Code. NOW, THEREFORE, be it resolved by the City Commission, as follows: SECTION I: Except as provided in section II of this Resolution, the City Commission is hereby designated as the "Development Review Committee" as described in the Town Center District Code. While serving in this capacity, the City Commission shall be known as the "Town Center Development Review Committee." In all cases where the "Development Review Committee" has final decision making authority under the Town Center District Code, the Town Center Development Review Committee shall make said final decisions. It is the intent and purpose of this resolution that final decisions for development orders under the Town Center District Code be made by the City Commission, acting as either the City Commission or Town Center Development Review Committee. SECTION II: City staff shall provide technical assistance and make recommendations to the City Commission/Town Center Development Review Committee under the Town Center District Code. In addition, in all cases where the "Development Review Committee" serves in an advisory capacity to the City Commission under the Town Center District Code, city staff, appointed by the City Manager, shall serve as said Development Review Committee. SECTION III: This resolution shall become effective immediately upon adoptior'l.. " " , Passed and Adopted this 14th day of March, 2001. J:T~ CITY CLE GS ----