Without Appeal to Commission Would Allow City Manager to Favor DAVID BARTON CORNEAL to Allow DOW PUD WEDDINGS and EVENTS
No jurisdiction for either the Commission or the Planning and Zoning Board to make a decision based on a quasi-judicial hearing.
No opinion from the State Attorney General on constitutionality.
No hearing of any kind -- just paperwork.
This is so wrong.
The City Manager's decision could only be appealed to the courts, not to City Commission. This is written to empower the City Manager and disempower Commissioners and allow unaccountable decisions to permit weddings where we were told there would be none -- as at DAVID BARTON CORNEAL's "CORDOVA INN," the DOW PUD.
ORDINANCE NO. 2015-32
AN ORDINANCE OF THE CITY OF ST. AUGUSTINE, FLORIDA CREATING SECTION 28-124 OF THE CODE OF THE CITY OF ST. AUGUSTINE PROVIDING A PROCEDURE FOR ADMINISTRATIVE DETERMINATION OF VESTED RIGHTS FROM THE REQUIREMENTS OF A SPECIAL EVENT VENUE FOUND IN THE CODE OF THE CITY OF ST. AUGUSTINE; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF ST. AUGUSTINE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERANCE OF
INVALID PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.041, Florida Statutes, provides procedures for adoption of ordinances by municipalities; and
WHEREAS, existing special event venues may wish to continue to operate as non-conforming uses after the enactment of Ordinance No. 2015-02 (special event venue); and
WHEREAS, the City of St. Augustine has an interest in regulating and enforcing its land development regulations and discouraging non-conformities to its code; and
WHEREAS, at its public hearings on Ordinance No. 2015-02, representatives of special event venues and members of the public encouraged the City Commission to enact a system for administratively determining vested rights to existing special event venues; and
WHEREAS, the City of St. Augustine wishes to create a uniform method of providing for the continued use of non-conforming special event venues; and
WHEREAS, the administrative vesting procedures will provide property owners with certainty to continue operations as a non-conforming use and the City of St. Augustine with a method for identifying non-conforming uses; and
WHEREAS, the City Commission for the City of St. Augustine finds that providing for the public health, safety and general welfare requires creation of Section 28-124 of the City Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION FOR THE CITY OF ST. AUGUSTINE, FLORIDA, AS FOLLOWS:
“
(a) A property owner may request an administrative determination of vested rights from the requirements of a special event venue found in the Code of the City of St. Augustine, from the Planning and Building Director within ninety (90) days of the enactment of this section. The application and supporting documents will be reviewed for completeness within fourteen (14) days after receipt of the application. If the application is found to be incomplete, the property owner shall be promptly notified, however, the ultimate responsibility for the completeness and quality of the application shall lie with the property owner. The property owner is responsible for the timely submittal of all documentation, and if the necessary documents are not received during the ninety (90) day administrative vesting period, the application shall become void. Any request for an extension of time may only be considered during the ninety (90) day administrative vesting period, and must be approved by the City Manager. The Planning and Building Director shall provide a written determination granting or denying the application to the property owner or applicant, within thirty (30) days of the receipt of a complete
Ordinance 2015-32 (CA) Page 2 of 5
Section 1. Creating City Code Section 28-124. Section 28-124 of the Code of the City of St. Augustine is hereby created to read, in its entirety, as follows:
Sec. 28-124. Administrative determination of vested
rights from requirements of special event
venue.

application. The determination of the City Manager and Planning and Building Director shall be the final administrative appeal pursuant to this section.
(b) The application shall include the following minimum documentation to be considered complete:
(1) A completed application form and any related fee paid in full.
(2) The name, address and signature of the applicant, and if the applicant is not the legal owner of the real property, a signed authorization from the owner.
(3) A legal description, deed or survey of the property at issue.
(4) The name and address of the owner of the property and any authorized agent.
(5) A description of the property or portion of the property that is claimed to be vested for a special event venue as that term is described in the Code of the City of St. Augustine. This may include a site plan to scale if the applicant wants to confirm the dimensions, location or boundaries of the area requesting to be vested.
(6) A detailed, written narrative of the factual and legal basis supporting an administrative determination of vested rights for the property’s continued use as a special event venue.
(7) Any documentation in support of the application.
(c) The applicant bears the burden to prove with competent, substantial evidence the continuous, pre- existing, legal use of the property as a special event venue prior to the enactment of the regulations relating to special events venues in the Code of the City of St. Augustine. The completeness review shall not be deemed to be an approval of the quality or substance of the application.
(d) Any property with an approved, valid PUD, use by exception or variance that specifically includes a use that
Ordinance 2015-32 (CA) Page 3 of 5

would otherwise be deemed a special event venue under the Code of the City of St. Augustine is not required to apply for an administrative determination of vesting. Any development rights conferred by the PUD ordinance or Planning and Zoning Board order shall be recognized, as long as the property owner and applicant comply with all the terms and conditions of the ordinance or order, and the special event venue use of the property is not discontinued pursuant to section 28-117 or the special event venue structure is not destroyed pursuant to section 28-118 of this Code.
(e) Properties that have obtained a determination of vested rights pursuant to this section must comply with the requirements of non-conforming lots, uses and structures pursuant to Chapter 28, Article II, Division 4 of this Code.”
Section 2. Inclusion in Code. The City Commission intends that the provisions of this ordinance shall become and shall be made part of the Code of the City of St. Augustine, that the sections of this ordinance may be renumbered or relettered and that the word ordinance may be changed to section, article or other such appropriate word or phrase in order to accomplish such intentions.
Section 3. Conflict with Other Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4. Severance of Invalid Provisions. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance.
Ordinance 2015-32 (CA) Page 4 of 5

Section 5. Effective Date. This ordinance shall become effective ten (10) days after passage, pursuant to Section 166.041(4), Florida Statutes.
PASSED by the City Commission of the City of St. Augustine, Florida, this _______ day of ___________________, 2015.
________________________________ ATTEST: Nancy E. Shaver, Mayor-Commissioner
_________________________ Darlene Galambos, City Clerk
(SEAL)
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