Wednesday, January 12, 2011

Department of Administrative Hearings: Sunset Drive Holdings, LLC and La Sonna Hayes-Tomanek vs. Department of Community Affairs and City of Lake Worth:

The hearing on this matter was held today via teleconference.  Click here for most recent City of Lake Worth response related to the hearing.  You may be interested in knowing that I served as an expert witness in land planning for the petitioners (btw - the City objected to this but was overruled by the judge).  Nothing was decided at the hearing today.  The judge and the participants believe that a decision can be rendered within 30 days.

The petitioners are challenging DCA's finding that the City's Comprehensive is "in compliance" based largely on how height was added to the Comprehensive Plan review and approval process.  If the administrative hearing judge agrees with the evidence and the arguments presented by the petitioners, then the City will have to repeat the first reading of the Comprehensive Plan - with the possibility of re-visiting the three story height limitation imposed on properties with a residential land use designation citywide.  Other changes could happen as a result of a new Objections, Recommendations and Comments (ORC) report issued by the Department of Community Affairs.  If the administrative hearing judge finds in favor of the City, the "in compliance" finding will stand.

I'll let you know when there is further news on the matter.