Alex Dambach, AICP

Planning Supervisor

Peter Schwarz, AICP

Assistant Director

Jennifer Frastai

Director, Engineering and Community Development

Legislative History: On October 2, 2019,  the City Commission passed the Ordinance on first reading by a vote of 5 to 0.  Changes to the ordinance were made in accordance with direction provided during the original meeting and these changes are outlined below in the Current Activity section of this agenda item report.

Issue Statement: City Code does not have an established process to declare a Development Review application expired or withdrawn due to inactivity. The attached proposed ordinance establishes such a process, with reasonable time limits, to provide the City with the ability to declare an application withdrawn after 6 months of inactivity, as defined in the ordinance. The process includes notification to the Applicant, as well as, an opportunity for the Applicant to be heard at a Public Meeting prior to the application being deemed inactive and withdrawn.

Recommended Action: Staff recommends the City Commission approve the attached Ordinance amending Sections 24-163, 24-164, and 24-233 to create time limits for development application inactivity and for application submittal after Neighborhood Participation Meetings.

The Planning and Zoning Board voted 4/0 on September 9, 2019 to recommended approval of this Ordinance.

This item proposes a text amendment to City’s Land Development Code establishing reasonable time limits for development review applications to be declared inactive.   As proposed in the attached Ordinance, applications without activity, for a period of six (6) months, on the part of the Owner/Applicant may be declared inactive.

Inactive status is defined as a period of six (6) months without activity by the owner/applicant, including but not limited to:

• Failure to respond to correspondence from the City; or
• Failure to submit or resubmit revised plans as part of the Development Review Committee (DRC) process; or
• Failure to take affirmative action to move a project forward; or
• As otherwise reasonably determined by the DRC. 

To ensure the Applicant is provided the opportunity to be heard, the following steps will occur prior to declaring an application withdrawn after 6 months of inactivity:

• The application will be placed on a Development Review Committee (DRC) agenda for consideration.
• Notice will be sent to the owner/applicant by electronic or regular mail.
• The DRC will consider the item.

Please note: Activity by owners/applicants in response to the hearing notice shall not constitute activity sufficient to deem a file active.

There will also be a statement on all development application and Neighborhood Participation Meeting forms informing applicants of the expiration time limit.

In addition, the proposed ordinance amendment will now require Applicants to submit a complete application within 6 months of holding the Neighborhood Participation Meeting.

Updated Information for Second Reading:

Asa result of feedback received during first reading, the following modifications have been made and are identified in the attached additions are double underlined and deletions are stricken thru. 

• A reapplication fee will be established by Resolution adopted by the City Commission. 

• Applicants may  appeal applications deemed withdrawn by the DRC  to the Planning and Zoning Board. 

• "Or other non-responsive actions by the applicant to address DRC concerns as reasonably determined by the DRC." has been added.  Examples of these non-responsive actions would include situations in which:

• Only automated or form responses  have been provided by the applicant in response to staff inquiries;
• The applicant no longer owns or no longer has a contract for use of the property; or
• Resubmittal that do not address any DRC comments.

Staff recommends the City Commission adopt an Ordinance amending Sections 24-163, 24-164, and 24-233 to create time limits for development application inactivity and for application submittal after Neighborhood Participation Meetings.