And the definition of “minor” is being left entirely up to them.
There would have been a literal riot in the Chambers 25 years ago if a wildcard amendment such as this was even being considered as part of Disney’s big expansion plan. But tomorrow night it will go without saying:
(a) Administrative Amendments. Upon the written request of the Developer, the Community Development Director or his or her designee (the “Community Development Director”) shall determine: (1) whether the requested amendment or modification (the “Project Approval Amendment”) is minor, as determined by the Community Development Director in his or her sole discretion; and (2) whether the requested Project Approval Amendment is consistent with this Agreement. If the Community Development Director finds that the Project Approval Amendment is both minor and consistent with this Agreement, the Project Approval Amendment shall be determined to be an “Administrative Amendment,” and the Community Development Director shall approve the Administrative Amendment without a public hearing, and this Agreement and its pertinent exhibits shall be automatically amended without further action by the parties.
Notwithstanding the foregoing, no administrative amendment will be effective until after thirty (30) days’ notice to the City Council and posting in the same manner as agendas. If any member of the City Council requests consideration of such amendment within the 30-day notice period, then the administrative amendment will not be effective unless there is a final determination approving it. In the event Council requests consideration of an administrative amendment, staff will agendize the matter for Council discussion within 30 days of such request. This 30-day notice provision shall not apply to time-sensitive decisions during construction. In such a case, time-sensitive administrative amendments will be effective upon approval by the Community Development Director, and the City Council shall be given notice following the Director’s decision.
Like what such project change will not be “time-sensitive” now with this kind of available loophole? It’s a joke.
And notice the other, bigger joke below. Who’s gonna appeal these administrative decisions if they don’t know about them?
(c) Changes to Plans; Appeals. If the Community Development Director determines that a proposed revision to the approved Site Plan (“Changes to Plans”) is minor, if such revisions do not result in any new, significant, or potentially significant environmental impacts not studied in the EIR or SEIR, and the Community Development Director determines that the proposed revision to the Site Plan is in substantial conformance with the provisions of the Planned Development, the general intent of the approved Site Plan and consistent with this Agreement, the revised plan shall be approved by the Community Development Director without submittal to the Planning Board for review and approval. The decision of the Community Development Director shall be final unless appealed to the Planning Board within ten (10) days from the date of such decision.
How do you appeal a quiet approval for Disney that was made administratively in some back office?
You don’t. Which means that the following (and confusing) appeals process for outsiders is completely meaningless:
If the Community Development Director determines that the proposed revision is not in substantial conformance with the approved Site Plan, then the revised plan shall be submitted to the Planning Board for review and action pursuant to this Subsection. Notwithstanding the foregoing, the Community Development Director shall have the discretion to refer consideration of the revised plan to the Planning Board as a report and recommendation item. If the Planning Board determines that the proposed revision is in substantial conformance with the provisions of the Planned Development and the general intent of the approved Site Plan, the revised plan shall be approved by the Planning Board. The decision of the Planning Board shall be final unless appealed to the City Council within ten (10) days from the date of such decision. Before any decision by the Community Development Director is final under this subsection, notice shall be provided in the same manner as agendas and by publication at least ten (10) days prior to the end of the appeal period. The City agrees that notwithstanding the foregoing, whenever possible, in the interest of expediting the Project for the benefit of both the Developer and the City, the City shall use its best efforts to make all determinations regarding the Changes to Plans as stated herein, in a prompt fashion as time is of the essence.
Question. Why is it in the “interest” or “benefit” of the City to “expedite” a building project at Disney?
It very well may not be.
They always give away the game here in these puff-piece staff reports, don’t they? It’s obvious who they’re working for, and it’s not the rest of us.