HomeMy WebLinkAbout02212001Special AgendaThis Matter is Quasi Judicial
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AGENDA
SPECIAL MEETING
SEBASTIAN CITY COUNCIL
WEDNESDAY, FEBRUARY 21, 2001 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA
Procedures for Public Hearings and Quasi Judicial Hearings on Back of Agenda
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PUBLIC HEARINGS CONTINUED FROM FEBRUARY 14, 2001 REGULAR MEETING
•1.032A A. Ordinance No. 0 -01 -03 Land Use Change CNK, Inc. (Growth Management Transmittal
1/30/01, 0- 01 -03, Application, Map, Staff Report, P Z Recommendation Use 2/14/01 Agenda
Book)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE
FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN FOR LOT 17, SECTION 30, M BERRY SUBDIVISION
CONSISTING OF 5.14 ACRES, MORE OR LESS, TO IN (INDUSTRIAL) FROM INS (INSTITUTIONAL); AUTHORIZING
FINDINGS AND ADMINISTRATIVE ACTIONS THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR EFFECTIVE DATE.
01.0328 B. Ordinance No. 0 -01 -04 Rezoning CNK, Inc. (Growth Management Transmittal 1/30/01, 0 -01-
04, Application, Map, Staff Report, P Z Recommendation Use 2/14/01 Agenda Book)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING LOT 17, BLOCK 30, AA BERRY SUBDIVISION
CONTAINING 5.14 ACRES, MORE OR LESS, FROM PS (PUBLIC SERVICE) TO IN (INDUSTRIAL); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
5. OTHER MATTERS
01.044 A. ZCS Senior Housing Partners, LLC Re: Possible Development of Senior Housing Facility
6 ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD.
0 86.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS
MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings
For Ordinance No. 0 -01 -03 Small Scale Comprehensive Land Use Plan Amendment
Procedures for public hearings: (as established by R- 99 -21)
Mayor Opens Hearing
Attorney Reads Ordinance or Resolution
Staff Presentation
Public Input Limit of Ten Minutes Per Speaker
Staff Summation
Mayor Closes Hearing
Council Action
Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His
or Her Name for the Record
For Ordinance No. 0 -01 -04 Rezoning
Procedure for Quasi Judicial Hearings (as established by R- 99 -12)
A. Swearing of witnesses. Any person presenting factual informatim to theTribunal during the hearing shall be
sworn. The administration of the oath or affirmation shall be done by the Clerk of the Tribunal on the record at the time the
person comes to the podium. Citizens wishing to merely express an opinion in favor or opposition to the matter at hand, and
agents of the applicant (such as an attorney) merely advocating the applicant's position, need not be sworn.
B. Admissibilty of Evidence. The City Attorney, upon an objection raised or upon his own accord, shall determine
if any evidence sought to be presented is inadmissible. This determination may be over -ruled by a majority of the Tribunal upon
a motion by any member thereof. Otherwise, the Presiding Officer of the Tribunal shall for the record receive any evidence
presented and the same shall be maintained in the custody of the City Clerk.
C. Time Limitations. The traditional practices of the Chair in presiding• over the smooth conduct of the
hearing, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations
and the redundancy of witnesses. However, as appropriate, the Tribunal by majority vote may set limits on the length of
presentations and the number of witnesses on a case -by -case basis.
D. Disclosure of Ex -Parte Communication. At the time the Presiding Officer opens the hearing, members of
the Tribunal shall disclose ex -parte communications in accordance with law.
E. Order of Presentation.After the Presiding Officer opens the hearing, the matter shall proceed in the following
1. The applicant or his agent shall make a presentation in favor of the request.
2. The staff shall present its findings and analysis.
3. The Tribunal shall ask questions of the applicant and staff as it sees fit.
4. The floor shall be opened to anyone in favor of the request who wishes to speak or ask questions.
5. The floor shall be opened to anyone opposed to the request who wishes to speak or ask questions.
6. The applicant is provided an opportunity to respond to any of the issues raised by staff or the public.
7. Staff is provided an opportunity to summarize its position.
8. The Tribunal deliberates the request, asking such questions as it sees fit.
9. The Presiding Officer then entertains a motion and the Tribunal acts.
Section 2. APPLICATION. Due to the evolving nature of this area of the law, these procedures shall be utilized
in the conduct of hearings on matters that are determined to be quasi-judicial under the laws of the State of Florida.
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