HomeMy WebLinkAbout1998 04 15 Regular Item A
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
, Community Development
PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY
AGENDA ITEM:
II.A.
DRAFT BYLA WS/RULES OF PROCEDURE FOR THE P&Z
BOARDILP A
STAFF REPORT
REMINDER:
Please remember to bring your draft copy of the BylawslRules of
Procedure with you to the meeting.
Bob Guthrie, Interim City Attorney, will attend the April 15th meeting to review the draft.
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CITY OF WINTER SPRINGS, FLORIDA
LOCAL PLANNING AGENCY
PLANNING AND ZONING BOARD
BY-LAWS IN THE CONDUCT OF MEETINGS AND BUSINESS OF THE BOARDS
PURPOSE AND INTENT
It is the purpose and intent of these By-Laws to set forth a
uniform set of rules of procedure whereby the City of Winter
springs Planning and Zoning Board/Local Planning Agency may
regulate the manner in which it elects officers, conducts meetings,
business and affairs pertaining to the P&Z/LPA.
ARTICLE I
GENERAL GOVERNING STATUTES, ORDINANCES, AND RULES
The Planning and Zoning Board/Local Planning Agency shall be
governed by all of the following statutes, ordinances, and rules:
1.1 Applicable state statutes and Local Ordinances and Rules.
To the extent that they remain in force and effect, as they
are amended, or as they may be added to, the board and its
members and officers shall be governed by state statutes and
local ordinances including the following:
a. state statutes applying generally to public boards,
members, and officials, including:
* Article I, section 24, Florida Constitution
* Chapter 112 F.S. "Public Officers and Employees"
* Chapter 119 F.S. "The Public Records Law"
* Chapter 286 F.S. "Government-in-the-Sunshine Law"
b. state statutes relating to activities of Planning and
Zoning Boards and Local Planning Agencies in relation to
planning and zoning, including:
* 163.3174 F.S. "Local Planning Agency"
~
*
*
Chapter 187
Chapter 163
F.S. "State Comprehensive Plan"
Part II "Local Government Comprehensive
Planning and Land Development
Regulation Act"
"Municipal Horne Rule Powers Act"
*
Chapter 166
c.
Ordinances
generally
including:
and rules of
affecting its
the City of winter Springs
local boards and officials,
*
*
*
*
*
Sec. 20-51
Chapter 9
Chapter 15
Chapter 16
Chapter 8
City Code
City Code
City Code
City Code
City Code
"Zoning"
"Land Development"
"Planning"
"Signs and Advertising"
"Flood Damage Prevention"
d. The Zoning Ordinance of the City of winter Springs:
* Chapter 20 City Code "Zoning"
e. The Rules of the Board, as set forth herein.
1. 2 Requirements for FClmiliari ty ~gl:l'!'~~!i!\nqg' with State Statutes and
Local Ordinances and Rules Affectlng'~he Board. ~
Upon taking office, all members of the board ~
-ii!fG;;r~~;;;;~;i;$'i familiarize t~~;l.~~ with the foregoing, and,
wfiiTe-'-in'Office, members ~'Ir:.~1'iel}~:':t'~'E:rJi.lg maintain such
knowledge, including knowledge of'amendme'nts and additions,
and shall be strictly governed thereby in the conduct of board
affairs.
1.3 Rules of the Board to be Available to Public in Board Office.
A certified official copy of rules of the Board, in current
form, shall be available in the office of the board as a
public record. Additional copies shall be provided to members
of the board and made available to the public on request, but
the official copy in the board's office shall govern. No
amendment to these rules shall be come effective until
incorporated in the official copy.
1.4 LseatieH sf Board Office.
The office of the Board shall be at Reem 210, winter Springs
City Hall, 1126 East State Road 434, winter Springs, FL 32708.
The office hours are normally from 8:00 a.m. to 5:00 p.m.
weekdays, except legal holidays.
2
.
ARTICLE II
DUTIES
The Planning and Zoning Board, which also serves as the Local
Planning Agency shall, among other things, assimilate existing
plans, programs, and policies; statistical and other factual data;
recognized planning principles and standards; citizen needs,
desires, attitudes and any other information deemed necessary to
formulate and make recommendations on matters involving the
comprehensive Plan and Land Development Regulations.
2.1 The Planning and Zoning Board shall have the general
responsibility to:
2.1.1
2.1. 2
2.1. 3
2.2
2.2.1
Act in an advisory capacity to the City Commission on
questions relating to zoning; the boundaries of the
various original zoning districts and appropriate
regulations to be enforced therein; review and make
recommendations on applications for amendments to the
Zoning Ordinance to the ci ty commission. Said
recommendations shall state whether or not said amendment
is consistent with the adopted Comprehensive Plan or
element or portion thereof.
Review and make recommendations to the City Commission on
site plan, subdivision, PUD development proposals,
annexations to the City commission.
I'crferm al''Y ether hmctiens, dutics, and rcspensiBili tics
assigned te it BY the City Commissien er by gcneral er
513ccial la\;.
The Local Planning Agency (LPA) shall have the
responsibility for the conduct of the comprehensive
program. Specifically, the LPA shall:
general
planning
Be the agency RP4j[~P@@~ responsible for the preparation
of the comprehensfve''''plan or plan amendment and shall
make recommendations to the governing body regarding the
adoption or amendment of such plan. During the
preparation of the plan or plan amendment and prior to
any recommendation to the City Commission, the LPA shall
hold at least one public hearing, with public notice, on
the proposed plan or plan amendment. The City Commission
in cooperation with the LPA may designate any agency,
committee, department, or person to prepare the
comprehensive plan or plan amendment, but final
recommendation of the adoption of such plan or plan
amendment to the City Commission shall be the
responsibility of the LPA.
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2.2.2 Monitor and oversee the effectiveness and status of the
comprehensive plan and recommend to the City Commission
such changes in the comprehensive plan as may from time
to time be required, including preparation of the
periodic reports (Evaluation and Appraisal Reports)
required by 163.3191 F.S.
2.2.3 Review proposed land development regulations, land
development codes, or amendments thereto, and make
recommendations to the City commission as to the
consistency of the proposal with the adopted
comprehensive plan, or element or portion thereof.
To conduct investigations on matters or proposals to
change land development regulations;
ARTICLE II MEMBERS
2.1 Number of Members; Appointment; Qualifications; Terms;
Compensation; Procedure for Removal; Procedure for Filling
Vacancies; and Terms of Members Appointed to Fill Vacancies.
Number of members and alternates; Appointment; qualifications;
terms; compensation; procedure for removal; procedure for
filling vacancies; and terms of members appointed to fill
vacancies shall be provided in:
* Sec. 20-52 Zoning Ordinance
* Sec. 20-53 Zoning Ordinance
2.2 Cause for Removal from Board.
Causes for removal of members (including alternates) from the
Board by the City commission shall include malfeasance,
~~s ~:~~~~~~ ~r O~ix.~[~~~~!q~~c:e[fj;l;~;~[B,~,~ffiniq;J&~ll,+~W;l: gener a lly, and
a.
j,/
Failure to disclose conflict of interest fsr pur~sses of
a4oqualifioatisR ....hen a member has personal sr mORotari'
intcrcDt iR the R1:lttcr in9:el Yea I SF \:ill Be aircctly
i'gi.~~i~\it~B~~irf~~~r+ilsi~i~w~~i~i"~~I~lli~m~~)illlllitl
hI' p.-A~ 4r~
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2.3
* Chapter 286 F.S. "Goverpmeljt-in-the-!i'unshine Law"
# tMAf,.TlU II~ .!'!S'. "$'1:4".,.!A,.l4. ,r' ~N~CJ~?i,. ,.vU,~ ~m",~
Resignations, Generally, and by Absence.
When members propose to resign, if reasonably feasible, they
shall give notice of their intent to the chairman or
secretary, or make the date of resignation effective, in such
a manner as to allow time for appointment of replacements.
2.4 Vacation of Office.
When a member dies or resigns, the secretary shall promptly
indicate to the City commission that a vacancy exists. When
a member becomes incapacitated for office permanently or for
what appears likely to be a protracted period, or moves from
the jurisdiction, or becomes for any other reason no longer
qualified for office, and fails to resign, the chairman shall
cause any necessary investigation to be made and if
appropriate shall declare the office vacant, and the secretary
shall promptly indicate to the City commission that a vacancy
exists.
ARTICLE III
OFFICERS, COMMITTEES, STAFF, DUTIES
3.1 Regular Election of Chairman, Vice-Chairman; provisions for
Contingencies; Continuation of Service until Successors Take
Office.
Annually, as the last item on the agenda at the regular
meeting of the Board in the month of ~ ~#sg~@, the Board
shall elect a chairman and vice-chairman. '''''I'f''such regular
meeting is cancelled or a quorum is lacking, the election
shall be held as soon thereafter at the next regular meeting
provided that if no such election is held within 60 days of
the date when generally required, the secretary shall notify
the City Commission, which shall appoint a chairman and vice-
chairman to serve until an election can be held. The prior
chairman and acting chairman shall remain in office until
their successors take office at the next regular or special
meeting following their election or appointment.
3.1.1
Succession of Vice-Chairman to Office of Chairman,
Special Elections.
If the chairman resigns his office or becomes no longer
a member of the Board, the vice-chairman shall succeed
him in office for the remainder of the term. If the
vice-chairman resigns his office, becomes no longer a
member of the Board, or succeeds to the chairman's
office, a special election shall be held at the next
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regular meeting of the Board to select a vice-chairman to
complete the term, provided that if such regular meeting
is one immediately preceding the regular election and any
duties to be performed by the vice-chairman in the
intervening period can be performed in a satisfactory
manner, the Board may permit the office of vice-chairman
to remain vacant for the period.
3.2 Duties of Chairman and Vice-Chairman; Appointment of Temporary
Chairman to Preside at Meetings.
3.2.1 Presiding at Meetings.
If present and able, the chairman shall preside at all
meetings, hearings, and workshops. If the chairman is
absent or unable to preside, the vice-chairman shall
preside. If both are absent or unable to preside, the
members present shall appoint a temporary chairman to
preside.
In accordance with these and other applicable rules, the
presiding officer shall decide all points of procedure or
order, unless otherwise directed by a majority of the
members in attendance on motion duly made and passed. He
shall maintain order and decorum, and to that end may
order removal of disorderly or disruptive persons. He
shall administer oaths to all witnesses, or arrange for
such oaths to be administered.
3.2.2
other Responsibilities and Duties of Chairman; Delegation
to Vice-Chairman.
The chairman shall have further duties and
responsibilities, as indicated below. He may delegate
specific duties generally to the vice-chairman or may
authorize the vice-chairman to perform specific duties,
during his absence from the jurisdiction or in case of
his other disability to perform necessary Board functions
in a timely manner. The vice-chairman shall perform all
duties so delegated, and in case of absence or incapacity
of the chairman, on approval by majority of the Board,
shall perform any or all duties of the chairman whether
or not delegated.
3.2.2.1
Managerial Responsibilities.
Subject to these rules and further instructions from the
Board, the chairman shall direct the official business of
the Board, supervise the work of the secretary as it
relates to the affairs of the Board, request needed
assistance, confer with the City Manager on work of the
staff.
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3.2.2.2
Assignment of Board Members to Inspection Duties;
Appointment of Committees.
The chairman may designate members of the Board to make
personal inspections when necessary for the proper
consideration of cases; and shall appoint such committees
as may be found necessary.
Reporting to the Board; for the Board.
The chairman shall report to the Board on all official
transactions which have not otherwise come to the
attention of the Board. The chairman shall also make or
cause to be made any reports concerning the affairs of
the Board required or requested by the City Commission.
3.3 Appointment of Secretary.
3.2.2.3
3.3.1 Appointment.
3.3.2
3.3.2.1
3.3.2.2
The Secretary to the Board shall be appointed by the City
Manager and shall be a member of the City staff.
Duties of the Secretary.
The Secretary shall in general attend to all
correspondence of the Board; send out or cause to be
published all notices required; attend all meetings of
the Board and all hearings (except when excused by the
chairman of the Board and with temporary services
arranged); compile all required records; maintain the
necessary schedules, files; and generally perform all
clerical work of the Board. In particular:
Minute Book; Minutes a Public Record.
The Secretary shall maintain a minute book which shall be
kept posted to date. In the minute book shall be
recorded the Board's proceedings, showing attendance and
all absences, with indications as to whether absences
were excused or unexcused by the chairman, and
disqualifications of members, the record of its
examinations and all other official actions, and the vote
of each member voting on every question. The minutes of
the Board shall be a public record, kept in the office of
the Staff member serving as Secretary to the Board.
The Secretary shall transmit to the City Commission in
writing and in euplieate the recommendations of the
Planning and Zoning Board/Local Planning Agency. afl6
uhall she!; tHe cstimatee €lest and tHe stl~~ested mcthee or
methods of finanoing.
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3.3.2.3
Notification of Expiration of Terms of Members;
Vacancies.
i~.llilliif{l~flfliil~i_I~.~i~i~I~IIII%e~'~~~\~~I~illf;~~~
(fciYs"pl"i6i""t6^"expiratIon'6fterms of members, and as
promptly as feasible where a member resigns with a
deferred effective date or when a member's office is
vacated, as provided at section 2.4 of these rules, the
Secretary shall notify the city commission that a vacancy
exists and request the appointment of a successor.
3.4 Staff to the Board.
The Board shall have access to the information and staff of
all the departments of the City government on such a basis as
these departments are able to render assistance to the Board;
provided, however, the Community Development Coordinator and
Land Management Specialist shall serve as the primary
professional staff of the Board.
3.5 Legal Counsel.
~~;p~B.~~ii~U~~gii@~~~jr~iii~i?ii l~~a ~haedV i~:rlW;~~~~A~~!~~~!~~
undeitm"Its,wN'jurI'sarcfT6i1"a"n'd'may assist in interrogating
witnesses. Advice of counsel shall be received and entered in
the minutes before disposition of any question of law or
matter requiring legal interpretation or advice.
ARTICLE IV
CONDUCT OF BOARD MEMBERS, STAFF
4.1 Representation of Applicants.
No member of the Board, or
applicants on matters on
determinations.
of its staff, shall represent
which the Board is to make
4.2 Conflict of Interest.
lIe mcmscr of the Beard shall p::lrtioip:l.tc in aFlY eQDC 119. -.:hich
he aa:3 final'1oial or persol'1al il'1tere:3t il'1 the property or
:lotion cOFlccrnca, ar ..;111 lae aircctly :lffcotca by the
dceicioR, or has or bclic~cs he haD :lny ether conflict af
interest a:3 defil'1ed Jay applieaJale la\l. No memser of the :3taff
of the Board or sf any a~enoy serving the Board :3hall prepare
or prCDcBt .J.rlJUlRcnto or reports, or attempt to iBflB.cncc
aceioieFH:j af the neaLa, iFl D.FlY C:l:iC in \:hich he haD similar
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~~:~i::;:;~~~~~ji~iilii~~~;i{i!~II~;~11~ili~ljl~I~~~li~I;~,q
4.2.1
Chairman to be Notified of Conflict of Interest; Actions
by Chairman.
As soon as any Board member, or staff member of any
agency serving the Board, becomes aware of any potential
conflict of interest in any case to come before the
Board, he shall notify the chairman or acting chairman of
the particulars. Where the chairman finds that conflict
clearly exists, he shall disqualify the Board member from
acting in the case and cause the Secretary to enter the
circumstances in the record.
Where the chairman or acting chairman has reasonable
doubt as to whether the facts and applicable law indicate
a degree of conflict justifying disqualification or
excuse from service, he shall seek advice from counsel to
the Board. If counsel advises that, under the
circumstances reported and applicable law, conflict
appears to exist, the chairman shall proceed to
disqualify or excuse as provided above. If counsel
advises that there is reasonable doubt, the chairman may
(a) disqualify or excuse the person involved, or (b) call
for a determination by the Board at a public meeting.
The record on any such determination by the Board shall
be full and complete and shall indicate the reasons
supporting the Board's decision.
4.3 Disqualification on Grounds of Influence Other Than at Public
Hearing.
Any member may disqualify himself from voting whenever any
applicant, or his agent, has sought to influence the vote of
the member on his application or appeal, other than in the
public hearing.
4.4 Expressions of Bias, Prejudice, or Individual Opinion Prior to
Hearing and Determination.
Board members may seek information from other members, the
Secretary, counsel to the Board, or staff serving the Board,
prior to the public hearing, but no member shall discuss the
case v.'ith any other parties thereto prior to the public
hearing, or express any bias, prejudice, or individual opinion
on proper judgement of the case prior to its hearing and
determination. Violation of this rule ~hvll be grounds for
dismissal from the Board. II A!
9
4.5 Members N01 to Vote Unless Present at Public Hearing.
tfl/'l A N$?y V III . .
\.No Board member shall vote on any matter dec~d~ng ~
~application O~';Ii;~iil:jJ except after attending the public
hearing on therP'Prf~ion or appeal.
ARTICLE V
APPLICATIONS; FILING; TIME LIMITS; INFORMATION
REQUIRED; EFFECTS OF FAILURE TO PROVIDE REQUIRED
INFORMATION: ORDER AT HEARINGS: PUBLIC NOTICE:
DECISIONS.
5.1 Powers of the Board; Limitations; Procedures, Generally.
The Board shall have all and only such powers as are delegated
to it by state enabling legislation and by the Zoning
Ordinance and shall exercise such powers only in the manner,
for the purposes, and in accordance with the procedures set
forth therein.
5.2 Filing Applications; Forms.
All applications shall be filed with the Community
Delvelopment Department on forms approved by the Board. In
addition to information required to identify persons and
property involved, date and time of filing, and the like, such
forms shall make reference to other requirements of
application indicated in Chapter 9 "Land Development".
5.3 Preliminary Determinations on Applications Submitted for
Filing; Deficiencies in Information Supplied.
When applications are submitted for filing, they shall be
examined for completeness and accuracy, and particularly to
determine whether all information necessary to make
determinations has been suppliedas per requirements of Chapter
9 "Land Development". Where information is lacking or
inadequate at time of submission and the deficiency cannot be
remedied immediately, the applicant shall be notified in
writing as to the nature and extent of such deficiency.
5.4
Time Limits on ru~lic Hearings, Notice, Decisions.
Applications ~be heard at public meetings within thirty
(30) days of the date of review by the Development Review
Commi ttee, and decided at the same meeting, at the next
regular meeting of the Board, or at a special public meeting
prior to such regular meeting, but in any event within thirty-
six (36) days of the meeting at which the hearing on the
particular case was concluded.
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Timing and manner of publication of public notice for such
hearings shall be as provided in the Zoning Ordinance in Sec.
20-59 City Code, Chapter 9 City Code, 9J-ll.003 F.A.C. as may
.be appropriate depending on the nature of the case. In
addition, at least 10 days in advance of the hearing, notice
shall be given to parties in interest and to other persons
required by the ordinance to be specially notified.
ARTICLE VI
MEETINGS, HEARINGS, GENERALLY.
6.1 Regular Meetings.
Regular meetings of the Board shall be held at 7:00 .p.m.at
the City Hall City Commission ,Chambers on the fir~t ~n~2~gW~g
Wednesday of the month; provJ.ded that such meetJ.ngs may be
~~~f~~n~rf1i~~!~~~:e~~~~~ ~'P;ti~~~~a ii i~~I~~t:~a~Ys;~~
other location would serve public convenience or necessity.
6.2 Special Meetings.
Special meetings for any purpose may be held at the call of
the chairman, or by three (3) members of the Board. At least
forty-eight (48) hours written notice of the time and place of
any special meeting shall be given by the Secretary except
where written waivers of notice are filed by all members
required to provide a quorum and in attendance at such
meeting.
Call of a special meeting at a specified time and place and
for specified purposes at a regular meeting shall be notice
thereof as to members in attendance at such regular meeting,
but other members shall receive written notice thereof.
If a special meeting is called on a case or cases subject to
notice of hearing, the required notice provisions for the
hearing shall be met.
6.3 Recess or Adjournment.
Any regular or special meeting may be recessed or adjourned
from day to day, or to the time of any previously announced
regular or special meeting, and such recess or adjournment to
a time and place certain shall not require additional public
notice.
6.4 Cancellation.
If no business is scheduled before the Board, or if it is
apparent that a quorum will not be available, any meeting may
be cancelled by ~~s~nQlsfi~f~~SB~S~~ tRe 8Rairman sy ~iYiRg
11
g~~~ notice to all members at lcant ferty ei~ht (48) ho~rn
before the time set for such meeting.
6.5 Quorum.
A quorum of the Board shall consist of three (3) members.
6.6 Public Meetings of the Board; Notice; Other Activities of the
Board; Schedule.
All meetings of the Board involving hearing of evidence and/or
decisions of the Board shall be public, with f -'''~~.2ktice as
required by law. t~~
Meetings for the conduct of other business of the Board,
including trips for viewing premises, shall not require such
formal public notice, but shall be scheduled at least seven
(7) days in advance, with the schedule posted in the Lobby of
City Hall and the Office of the Board.
6.7 Agenda, Order of Business.
The City staff shall prepare
materials for each Board meeting.
as follows:
an agenda and supporting
Order of business shall be
I. CALL TO ORDER
Roll Call
Pledge of Allegiance
Approval of Minutes
II. B~~ AGENDA ITEMS
III. liDJOURNtlEHT iFti1itJREHAGlmOXIlf{WEMS
.:':.;.:.:.....:.:.::::';:;:::::::;::~ ::'::::'::::::::::~:::::::::':, :::.:.:>.;::,:.:::.;.;.:.:.~:.~;:;.;:;::..;.;.:.
!RY\;,;:::;;;;;E,!Rq2~~~nrn
ARTICLE VII.
PROCEDURES AT PUBLIC HEARINGS
7.1 Rules of Procedure.
The Rules of Procedure set forth below are applicable to the
Board when serving in a Quasi-Judicial capacity concerning
zoning/comprehensive plan related matters. For non-quasi-
judicial matters, the rules of procedure for the conduct of
meetings shall follow Robert's Rules of Order.
7.1.1
The definition of "Quasi-Judicial" and
"zoning/comprehensive plan related matter" are found in
Appendix "A" of this document.
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7.2 Conduct of Board Involving a Quasi-Judicial Proceeding.
See Appendix "B" and Appendix "C"
7.3 Who May Appear or Be Represented.
At the hearing, any person may appear or be represented by
authorized agents or attorneys. Such agents or attorneys
shall present competent substantial evidence of extent of
their authorization.
7.4 witnesses to Testify Under Oath.
All witnesses to material facts shall. testify. under oath, . to
iliiilirji(iflijj(flil~!~;~~fd~,I~!IIIIII;illiilillllillIIII
7.5 Order for Presenting Evidence.
1. The chair, or such persons as he may direct, describes
the nature of the case, and evidence available to the
Board is presented, including staff reports.
2. The applicant or authorized representative may outline
the nature of the request prior to introducing evidence.
The chair may restate the case if this initial statement
needs clarification.
3. Applicant presents evidence.
4. Objectors cross-examine.
5. Board members examine witnesses for applicant's side.
5. Objectors present evidence.
6. Applicants cross-examine.
7. Board members examine witnesses for objector's side.
8. Rebuttal by applicant.
9. Rebuttal by objectors.
7.6 Evidence.
The Board shall not be bound by strict rules of evidence, not
limited to consideration of such evidence as would be
admissible in a court of law, but it may exclude irrelevant,
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immaterial, incompetent, or unduly repetitious testimony or
evidence. The chair shall rule on all questions relating to
the admissibility of evidence, but may be overruled by a
majority of the Board members present. [See Appendix A and C]
7.7 Conduct During Hearings; Interrogations.
During the hearing, each side shall proceed without
interruption by the other. All arguments and pleading shall
be addressed to the chair. There shall be no questioning or
argument between individuals in the audience. The chair or
Board members, counsel to the Board, or staff may direct any
questions to the applicant, witnesses, or any person speaking
from the audience, to bring out pertinent facts. The chair or
Board members may call for pertinent facts from the staff, or
make appropriate comments pertinent to the case. No Board
member should debate or argue with persons in the audience.
ARTICLE 8 FINDINGS AND DECISIONS
After conclusion of the hearing on the matter, wi thin the time
limits set by Section 5.4 of these Rules, the Board shall examine
the evidence before it.in relation to findings required and make
its decision. More particularly:
8.1 Timing of Decisions.
with due consideration to the length of the agenda, the nature
of the case, the complexity of the evidence, and the findings
required, the chair may elect, subject to being overruled by
a majority of the Board in attendance on motion duly passed:
a. To proceed immediately to determination and decision on
conclusion of the hearing in the particular case, or
b. To defer determination and decision until later in the
same meeting, or
c. To defer determination and decision until a specified
special or regular meeting of the Board within the time
limit set by these Rules.
8.2 Findings and Decisions.
All such decisions of the Board shall be made at a public
meeting by motion made and seconded and by roll call vote.
The motion shall be in the form of findings of fact and shall
state the reasons for the findings by the Board.
[See Appendix c]
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ARTICLE 9 NOTIFICATION OF DECISION
Notice of the Board decision shall be given to the applicant and to
other interested parties who have requested such notice, by the
Board (designated city staff) as soon as reasonably possible after
the decision is reached, but within twenty (20) days.
ARTICLE 10
RECORDS OF CASES
10.1 Content of Records of Individual Cases.
The decision of the Board shall be shown in the record of the
case. Such record shall show the reasons for the
determination, with a summary of the evidence introduced and
the findings of fact made by the Board.
10.2
Records to be
Distribution of
Authentication.
Entered in Minutes of the Board; Advance
Draft Minutes to Board Members; Approval;
Such record shall be entered in the minutes of the Board. A
draft of proposed minutes containing such records shall be
transmitted to each Board member at least five (5) days in
advance of the meeting at which they are to be considered for
approval. Following approval, as submitted or as amended, the
minutes shall be acknowledged as to accuracy by the signature
of the chairman.
ARTICLE 11
REQUESTS TO WITHDRAW APPLICATIONS; TO DEFER OR
CONTINUE HEARINGS
11.1 withdrawal.
On written request from the applicant, or authorized agent, an
application may be withdrawn at any time before the Board
makes its decision in the case. If such request is made less
than five days before the scheduled publication of the public
notice, limitations on resubmittal of substantially the same
application shall be the same as in the cases where
applications are denied.
11.2 Deferrals and continuances.
On its own motion, or on approval of requests by applicants,
or their authorized agents, the Board may defer the hearing of
cases or provide for later continuance of cases on which
hearings have begun. Such deferrals or continuances shall be
15
permitted only for good cause, stated in the motion, and.
unless time and place is stated, shall require new public
notice.
ARTICLE 12
AMENDING OR WAIVING RULES
14.1 Amending Rules.
~~iip~iie~f m:~e ~~a::e;:;edpt b~he~e m:~~~ i :~en~~e'~,!~q~ffi~!
conirllry to requirement or limitation set by state law or the
Zoning Ordinance. An amendment may be proposed at any regular
meeting of the Board, and shall not be acted upon until the
following regular meeting. lIet 1000 thafl Gc'/efl (7) E1ays !lrisr
ts the lftcctifl'3 at .;hieh tfle alftcfldllleflt is to be '!steEl U!lSR,
lftcmscro ohall se scnt a cS!lY of ouch !lreposcd chafl'3c. Np€ffice
ARTIcfjETi~
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...... . ...... ~_~, v, . :.:.;,.:.:.:.:-:.,,>>;.:-;-,-:-;.:.;.:-:.;.:...;.:.:.....:_:-,.z.:.:-:."
16
APE N D I X "A"
DEFINITIONS
APPLICATONS -
ARBITRARY AND CAPRICIOUS - means a standard used by courts to
review appeals of land use decisions. If a decision is not
supported by facts, it will be arbitrary and capricious.
APPEARANCE OF FAIRNESS DOCTRINE - Actions which create a true or
false impression that a local official is not being fair when
making a land use decision. Examples of actions that may violate
the appearance of fairness include unrevealed ex-parte contact,
personal or monetary interest in the outcome of a request, unfair
hearings, pre-judgment and apparent hostility or favoratism toward
a party.
BOARD - means the City of Winter Springs Planning and Zoning Board
and Local Planning Agency.
CASE - A zoning/comprehensive plan related matter involving a
public hearing where the Board considers si te-specif ic zoning
changes, site-specific comprehensive plan amendments, and other
site-specific development orders.
COMPETENT SUBSTANTIAL EVIDENCE - means sufficiently relevant and
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.
material evidence a reasonable mind would accept as adequate to
support a conclusion.
CROSS EXAMINATION Asking questions of
previously testified for the other side. The
by one representing the opposing position.
a witness who has
questioning is done
DIRECT EXAMINATION - Asking questions of a witness by someone
advocating the same position.
EX-PARTE CONTACT - Ex Parte contacts are those that happen outside
the hearing between decision maker and an opponent or proponent of
a land use proposal. Ex Parte contacts may violate the Appearance
of Fairness doctrine.
EXPERT - means a person who is qualified in a subject matter by
knowledge, skill, experience, training, or education.
FINDINGS OF FACT & CONCLUSIONS OF LAW - written sections of a
formal decision that explain the basis for the decision. Findings
of Fact are based on the facts presented at the hearing, and
Conclusions of Law apply legal criteria to the facts presented.
INTERESTED PARTY - means an individual, corporation, business or
land trust, estate, trust, partnership, association, or other legal
enti ty whose interest may be adversely affected by the Board's
action.
PERSONAL INTEREST - When a local official has something to gain or
lose by a land use decision. Personal interests may include land
ownership, employment opportunities, business competition, family
relationships and financial interests. Inappropriate personal
interests may disqualify one from participating in a decision.
PROCEDURAL DUE PROCESS - The process used to reach a decision on a
land use reuest. It includes everything that occurs from the time
an application is filed until the final decision is made.
SITE SPECIFIC
which has an
owners and
Specifically
comprehensive
- means a zoning/comprehensive plan related matter
impact on a limited number of persons or property
include identifiable parties and interests.
not included is comprehensive rezoning or
plan changes affecting a large portion of the public.
QUASI-JUCICIAL PROCEEDING - A process where a decision maker must
make a choice between competing positions and where the outcome
will have a greater impact on one group of citizens than on the
public generally. Quasi-Judicial differs from legislative
proceedings in that legislative proceedings impact the community as
a whole. A local official may hear and decide both legislative and
quasi-judicial matters. The procedural requirements for land use
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.
.
decision making imposed by the courts apply only to quasi-judicial
matters.
QUASI-JUDICIAL - is determined by the essential nature of the
Board's actions.
(a) The Board's actions are Quasi-Judicial providing:
i. an interested party is provided notice and hearing;
ii. judgement of the Board is contingent on the
consideration of evidence made at a hearing;
iii. the Board adjudicates private rights
particular person after a hearing; and
of
a
iv. the Board's decision can be viewed as policy
application rather than policy setting.
(b) Quasi-Judicial shall include public hearings where
variances, special exceptions, site specific zoning
changes, site-specific land use amendments or other site-
specific development orders are considered.
(c) Quasi-Judicial does not include comprehensive rezoning or
comprehensive plan changes affecting a large portion of
the public.
RELEVANCY - refers to the nature of testimony nad evidence offered
during a public hearing on a specific application. iF testimony or
evidence do not directly apply to the decision at hand, it is
irrelevant and should not be considered in making the decision.
RIGHT TO BE HEARD - An element of procedural due process that
allows every person an opportunity to present relevant written or
oral testimony.
RULES OF EVIDENCE - Refers to a large body of law that seeks to
control what can be relied on to reach a decision and what cannot
be relied on. The Rules of Evidence are relaxed in land use
hearings, but are useful references in the event there is a dispute
about the evidence presented.
SUBSTANTIVE DUE PROCESS - Refers to the impact of the decision or
regulation on an individual's property rights. It is violated by
decision making that is arbitrary and capricious or irrational, or
that does not serve a legitimate governmental purpose.
THE RECORD - All of the testimony, documents, written materials,
displays and other items that are received by the decision makers
during the course of public hearing. A complete and understandable
record is an essential element of procedural due process. Failure
19
.
.
to maintain such a record can invlaidate a quasi-judicial
proceeding.
ZONING/COMPREHENSIVE PLAN RELATED MATTER - means a public hearing
where the Board considers site-specific zoning changes, site-
specific comprehensive plan amendments, and other site-specific
development orders.
A P PEN D I X "B"
CONDUCT OF THE BOARD
1. EX-PARTE COMMUNICATIONS: Ex-Parte communications are
presumptively prejudicial because they are inherently improper
and are anathema to Quasi-Judicial proceedings. As such:
a. All communications involving Board business must occur at
the public hearing. outside the publiic hearing, Board
members are prohibited from discussing Board business
with all interested parties and/or their representative,
lobbyists, other Board members, or any other third party.
i. In the event a Board member receives a written Ex-
Parte communiciation, that Board member shall
immediately submit the written communication to
City staff so that it can be placed on file and any
interested party can have an opportunity to review
its contents.
b. Board members may discuss Board business with City staff
for the purpose of clarifying facts. However, Board
members are prohibited from discussing the merits of
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.
Board business with City staff.
c. If a Board member knows or has reason to know that an
individual or other entity may become an interested party
at a future date, that Board member is prohibited from
discussing Board business with that party and/or their
representative, lobyyists other Board members, or any
other third party.
d. Board members are prohibited from polling other Board
members to attempt in any way to arrive at a consensus of
the members.
2. PERSONAL KNOWLEDGE: Board members may use their own personal
knowledge in deciding a specific case before the Board.
However, such personal knowledge should be recited in and made
part of the record in a timely manner which provides and
opportunity for refutation by an interested party.
3. VOTING OF MEMBERS: Any Board member who was absent from a
prior meeting in which a specific case was heard shall review
the record of the prior proceeding and such review shall be
acknowledged by the Board member on the record prior to taking
a vote with respect thereto.
A P PEN D I X "e"
EVIDENTIARY REQUIREMENTS
1. BURDEN OF PROOF: The burden of proof in Quasi-Judicial
hearings concerning zoning/comprehensive plan related matters
shall be in accordance with all applicable local, state, and
federal law. However, notwithstanding the above mentioned,
the burden of proof shall lie as follows:
a. The initial burden is on the landowner to demostrate that
his petition or application for use of privately owned
lands (rezoning, site plan approval, etc.) complies with
the reasonable procedural requirements of the Zoning
Ordinanc and that the proposal is consistent with the
Comprehesnvie Plan;
b. Upon such showing by the landowner, the burden shifts to
the Board to demonstrate that maintaining the existing
zoning/land use classification with respect to the
property accomplishes a legitimate public purpose (not
arbitrary, discriminatory, or unreasonable);
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. .
c. After such showing by the Board, the landowner's only
recourse is to assert and prove that the actions of the
Board in denying the petition or application are
confiscatory and thereby constitutes a taking.
2. BASIS FOR BOARD DECISION MAKING: The Board is not required
but encouraged to make findings of fact in a Quasi-Judicial
proceeding involving a zoning/comprehensive plan related
matter. However, the following shall be applicable in the
Board's decision making process:
a. All interested parties should be given a full and fair
opportunity to express their views.
b. The Board must have before it competent substantial
evidence to support its findings and judgment which also
must be in accord with essential requirements of local,
state, and federal law.
c. While the Board should hear the objections of interested
parties, the Board's judgment must be based on the facts
adduced, and not on the mere polling of interested
parties.
i. The function of a quasi-judicial board is to make a
determination on the basis of facts adduced and
upon relevant principles rather than conduct a
plebiscite of the neighbors.
ii. The merits of an application should prevail over
the disgruntlement of loud, vociferous objectors.
3. LAYMAN AND EXPERT WITNESSES: The following rules of evidence
shall serve as a Board's guideline when determining how much
weight should be afforded the testimony received in a Quasi-
JUdicial proceeding.
a. General. The Board shall not consider the testimony of
a witness unless:
i. the witness has personal knowledge of the fact in
which the witness will testify to, and
ii. in the case of testimony consisting of opinions or
inferences, the testimony is qualified under
paraagraph 3.b. or 3.c.
b. Lavman Witnesses. Testimony of a witness other than an
expert witness is qualified under this paragraph (b) only
if:
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i. the witness cannot readily, and with equal accuracy
and adequacy, communicate what he perceived to the
Board without testifying in the form of opinions or
inferences; and
ii. the opinions and inferences do not require a
special knowledge, skill, experience or training.
c.
Expert Witnesses. Testimony of an
qualified under this paragraph (c)
determines:
expert witness is
only if the Board
i. whether the subject matter is proper for expert
testimony because scientific, technical, or other
specialized skill will help the Board understand
the evidence being presented, or help to establish
a fact in issue; and
ii. whether the witness is adequately qualified to
express an opinion on the matter.
d. Oualifvinq a Witness as an Expert. For purposes of
paragraph (c) of this section, a witness is qualified as
an expert witness only if the Board determines so in
accordance with the following procedure:
i. an interested party has the burden of requesting,
and this request shall be made prior to proffering
the testimony, the Board to make a determination
the witness is an expert;
ii. by majority vote, the Board will determine whether
the witness satisfies the criteria in 3.c. supra;
iii. if the Board determines the witness is qualified to
testify as an expert, the witness will testify and
be cross-examined for the record and the Board may
give weight and consideration to the expert's
opinion.
iv. if the Board determines that the witness does not
qualify to testify as an expert, or if an
interested party fails to request the Board to
determine the qualifications of the expert in
accordance with this paragraph, the witness may
still testify and be cross-examined for the record,
however, the Board shall not give any weight or
consideration to the opinion of the witness.
4. QUALIFICATIONS OF CITY STAFF. City staff members testifying
before a Board in a Quasi-Judicial proceeding must:
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a. state for the record their qualifications, or
b. place on record a resume listing their qualifications.
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