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HomeMy WebLinkAboutR-97-46 . ,. '. RESOLUTION NO. R-97-46 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REVISING PROCEDURES FOR QUASI-JUDICIAL HEARINGS; ESTABLISHING RULES; DESIGNATING THE CONTENTS OF THE RECORD; ESTABLISHING PROCEDURES FOR EVIDENTIARY RULINGS; -PROVIDING FOR CONFLICTS AND SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , the City Council of the City of Sebastian has adopted procedures for conducting quasi-judicial hearings; and WHEREAS, the City Council finds it is in the public interest to amend and clarify its uniform procedures for such hearings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. DEFINITIONS. 1. "Applicant" shall be defined as a person, corporation or other legal entity who files with the Community Development Department an application for an action which has been determined hy the City Council to be quasi-judicial in nature. 2. "Affected Party" shall be defined as the Applicant, the city staff and persons who are entitled to notice under any provision of this Code of Ordinances or Florida law. A homeowner's association or property owner's association whose members include an affected party shall be granted affected party status by the City Council, provided that the entity has been established pursuant to the procedures contained in Florida law. A certificate ~f good standing from the Florida Secretary of State's Office and a resolution of the board of the association authorizing said representation shall be filed with the Clerk's Office, prior to an entity's request to be granted affected party status. 3. "Proponent(s)" shall be defined as Affected Part(ies), other than the City staff and the Applicant, who support the Application. "Opponent (s)" shall be defined as Affected Part(ies), other than the City staff, who oppose the Application. SECTION 2. QUASI-JUDICIAL HEARINGS ON LAND USE MATTERS. The City Council, the Planning and Zoning Commission, the Board of Adjustment and any other City board, as applicable, shall conduct quasi-judicial hearings on land use matters in accordance with the procedures set out in this Resolution. These procedures may be modified by the City Attorney, at the request of the Mayor or presiding officer, as appropriate. Land use matters shall include: (a) The rezoning of property which is limited to a single parcel or a limited number of property owners. (b) Subdivision plat approvals. @ Site plans. (d) Variances. (e) Special use permits. (f) Conditional use permits. (g) Any other land use decisions which require quasi- judicial hearings, including small scale comprehensive land use plan amendments, as defined by Florida law. 2 --------------------- ! SECTION 3. Order and Subject of Appearance. All quasi- judicial proceedings on land use matters shall follow the order of presentation as follows: 1. Opening the Hearing. The Mayor or presiding officer shall open the hearing and may outline, or request the appropriate staff to outline, the rules of procedure for the public at the beginning of the hearing. If requested under Section 4, of this Resolution, the City Clerk or Board Secretary will administer an oath to an affected party who proposes to testify before the City Councilor the Board, as appropriate. 2. Applicant' s Presentation. The Applicant may make the initial presentation to the City Councilor Board, as appropriate. The Applicant shall have the right to make an uninterrupted fifteen (15) minute presentation. 3. Inquiry of Applicant. Following the Applicant's presentation, the City Councilor other Board, as appropriate, shall have an opportunity to comment, ask questions of, or seek clarification from the Applicant or Applicant's witness (es) . The City Councilor other Board, as appropriate, may allow staff to comment, ask questions of, or seek clarification from the Applicant or the Applicant's witness (es) at this time. Other Affected Parties may ask questions of or seek clarification from the Applicant or the Applicant's witness (es) by request through the Mayor or presiding officer at this time. 3 4. Staff Presentation: Following the Applicant's presentation, city staff shall make a presentation regarding the item under consideration. The Staff shall have the right to make an uninterrupted fifteen (15) minute presentation. 5. Inquiry of Staff. Following the Staff's presentation, the City Councilor other Board, as appropriate, shall have an opportunity to comment, ask questions of, or seek clarification from the Staff. The Applicant and other Affected Parties may ask questions of or seek clarification from the Staff by request through the Mayor or presiding officer at this time. 6. Proponent's Testimony. Following the Staff presentation, Proponents of the Application shall be allowed to testify. Proponents of the Application may make a presentation of up to fifteen (15) minutes. 7. Inquiry of Proponents. Following the Proponent's presentation of any witness, the city Councilor other Board, as appropriate, shall have an opportunity to comment, ask questions of or seek clarification from the Proponent. The Applicant and other Affected Parties may ask questions of or seek clarification from the Proponent by request through the Mayor or presiding officer at this time. 8. Opponent's Presentation. Following the Proponent's presentation, opponents, if any, of any item or request shall be 4 , ' allowed to present evidence. Opponents shall have the right to make an uninterrupted fifteen (15) minute presentation. 9. Inquiry of Opponents. Following the Opponent's presentation of any witness, the City Council, or other Board, as appropriate shall have an opportunity to comment, ask questions of or seek clarification from the Opponent or the Opponent's wi tness (es). The Applicant and other Affected Parties may ask questions of or seek clarification from the Opponent by request through the Mayor or presiding officer at this time. 10. Informational Testimony. Any member of the public who wishes to present information or clarification on the matter may be allowed to testify in matters where public comment is allowed. A member of the public may make a presentation of three(3) minutes, but a person who represents an organization with five (5) or more members or a group of five (5) or more persons may speak for ten (10) minutes. Following the presentation of any informational witnesses, the City Council, or other Board, as appropriate, shall have the opportunity to comment or ask questions of or seek clarification from the informational witnesses. 11. Closing of Public Information Period: Following the public information period, no additional public comments shall be allowed, except in response to questions by members of the City Council, or other Board, as appropriate. 12. Applicant's Rebuttal Presentation: Following the 5 completion of the informational testimony, the Applicant shall be allowed the opportunity to present rebuttal testimony for a period of ten (10) minutes. Any other Affected Party or City staff who believes that a rebuttal presentation includes any error of fact may ask for and be allowed an opportunity to point out such error of fact in the Applicant's presentation or ask questions of the Applicant's witnesses about its rebuttal presentation. 13. Staff Response and Summary: The staff shall be allowed the opportunity to respond to the presentation of the Applicant, Proponent(s), Opponent(s), or the informational witness (es) for a period of ten (10) minutes. Other Affected Parties may be granted an opportunity to point out any errors of fact in the staff presentation or ask questions of staff witnesses on their presentation. 14. Board Inquiry: If the City staff, Applicant, Proponents and Opponents have made presentations as outlined above and the public information portion of the hearing is complete, the City Council, or other Board, as appropriate, shall have the final opportunity to comment and ask questions of any Applicant, Proponent, Opponent, or staff member. 15. Extension of Time: Any Affected Party who will be prejudiced by the time limitation set out in this procedure may request additional time from the City Councilor other Board, as appropriate. 6 16. Decision: Following the completion of the testimony, the Mayor or presiding officer, as appropriate shall close the testimonial portion of the public hearing on that item. The City Council, or other Board, as appropriate, shall consider the testimony and exhibits of the Applicant, City Staff, Affected Parties and the public, and then act upon the Application. Every decision of the City Council, or other Board, as appropriate, shall contain the findings of fact and conclusions of law of the City Councilor Board. SECTION 4. EVIDENTIARY MATTERS: 1. If an Affected Party objects to the introduction of any evidence, the Mayor or presiding officer shall rule on the objection to the admissibility of the evidence. If any member of the City Council, or other Board, as appropriate disagrees with the Mayor's or presiding officer's ruling on evidence the member shall so state and the City Council, or other Board, as appropriate, shall affirm or overrule the ruling on the admissibility of any evidence. 2. Notwithstanding any other provision herein the Mayor, presiding officer may interrupt any presentation which discusses matters which cannot be considered in deciding the matter before the City Council for consideration. 3. Persons addressing the City Councilor other Board, as appropriate, shall identify any educational, occupational or 7 other experience which they possess which may be relevant to the matter under consideration. SECTION 5. OATHS AND AFFIRMATIONS. In a quasi-judicial proceeding on land use matters, a person who appears before the Ci ty Council, or other Board, as appropriate, who is not an Affected Party shall be allowed to testify before the City Council, or other Board, as appropriate, subject to control by the City Council, or other Board, as appropriate; may be requested to respond to questions from the decision making body; is not required to be subj ect to cross-examination; and is not required to be qualified as an expert witness. The City Council, or other Board, as appropriate, shall assign weight and credibility to such testimony as it deems appropriate. An Affected Party in a quasi- judicial proceeding on land use matters, upon request by another Affected Party, shall be sworn as a witness, shall be subject to cross-examination by other Affected Parties, and shall be required ~~ be qualified as an expert witness, as appropriate. SECTION 6. REGISTRATION. Persons who desire to make a presentation on an application or item or present information or make a comment on an application or item must register with the City Clerk, or Board secretary, as appropriate, prior to the time in the meeting at which such item is to be heard, in accordance with Resolution No. R-96-53. SECTION 7. THE RECORD. The record shall consist of 8 items as follows: 1. All city Ordinances, the Comprehensive Plan, its Policies and all land development regulations. 2. The Application and supporting documents. 3. Any staff recommendations and all staff communication to City Council members, or other Board members, as appropriate, on the pending matter. 4. Any other written communication to the City Council, or other Board, as appropriate, if relevant. SECTION 7. EX-PARTE COMMUNICATIONS. In a quasi-judicial proceeding on land use matters, a person may not be precluded from communicating directly with a member of the City Council, or other Board member, as appropriate, by application of ex-parte communication prohibitions. Disclosure of such communications by a member of the City Council, or other Board member, as appropriate, is not required, and such nondisclosure shall not be presumed prejudicial to the decision of the City Councilor other Board. All decisions of the City Councilor other Board, in a quasi- judicial proceeding on local government land use matters must be supported by substantial, competent evidence in the record pertinent to the proceeding, irrespective of such communications. SECTION 9. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 10. EFFECTIVE DATE. This Resolution shall take 9 . ~ . effect immediately upon its passage. The foregoing Resolution was passed for adoption by Councilmember ~~ The motion was seconded by councilmember-j n. r\...~\.....L-'ZJl:;'..._ and, upon being put to a vote, the vote was as follows: Mayor Walter W. Barnes Vice Mayor Richard J. Taracka Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan ~ ~ The Mayor thereupon declared this Resolution duly passed and adopted this \ 0 t:.+, day of AL~;.)\' 1997. CITY OF SEBASTIAN, FLORIDA By: WcJ~Wfu~ Walter W. Barnes, Mayor ATTEST: (~"*' rn f)H~_ Kathryr.(/M. O~Hal'loran, CMC/AAE City Clerk (SE.AL) Approved as to Form and Content: '--.)~ ~. Valerie F. Settles City Attorney 10