Loading...
1995-54 Quasi-Judicial Hearing on Site Specific Rezoning Petitions-2nd Reading for any Rezoning Petitions RESOLUTION NO. 95-54 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, PROVIDING FOR THE HOLDING OF A QUASI-JUDICIAL HEARING ON SITE SPECIFIC REZONING PETITIONS ON THE SECOND READING OF ANY REZONING PETITION, WITH AN AUTOMATIC APPROVAL ON THE FIRST READING, WHERE THE PETmONER EXECUTES A WAIVER OF A QUASI-JUDICIAL HEARING ON FIRST READING OF A REZONING ORDINANCE; CONTAINING AN EFFECTIVE DATE. WHEREAS, the City of Parkland has adopted procedures for quasi-judicial proceedings as attached hereto as Exhibit A; and WHEREAS, as part of the procedme for adoption of a rezoning ordinance, the City is required to adopt an ordinance on two readings; and WHEREAS, because of the requirement for quasi-judicial proceedings, confusion can arise as to when the quasi-judicial proceeding should be held, whether two quasi-judicial proceedings should be held on both readings, and as to what effect the holding of quasi-judicial hearings at different times, with possibly different results, might have upon the validity of any final action on a rezoning petition; and WHEREAS, the City of Parkland wishes to set forth a procedme which would provide for, a quasi-judicial hearing on the second reading of a rezoning ordinance while affirming the principle that, by adoption and setting the quasi-judicial hearing on second reading with automatic approval on first reading, it is not suggesting approval or committing to adoption of any rezoning ordinance; and WHEREAS, the procedmes set forth below will assure that there will be only one quasi- judicial hearing, and that there will be no possibility of inconsistent decisions after quasi-judicial hearings, there will an orderly procedure by which site specific rezonings will be reviewed under the quasiiudicial proceedings adopted by the City Commission; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AS FOLLOWS: Section 1. Where a petition for a site specific rezoning is submitted, the City of Parkland shall hold two readings of said rezoning ordinance. Upon receipt of a written waiver, as more specifically set forth below, from the applicant for the rezoning, the City Commission shall pass the rezoning petition on first reading for the purposes of setting a second public quasi-judicial hearing for full determination of the merits of the rezoning request. The purpose of this resolution is to assure that by not holding the quasi-judicial hearing on first reading and by approving the petition on the first reading, the City grants no vested rights or rights of any kind in the applicant to have its rezoning request granted by the Commission, Section 2. In order to hold a quasi-judicial hearing on second reading as set forth above, the applicant must ,execute the following waiver directed to the Mayor and City Commission: , as applicant for rezoning request number , does hereby acknowledge the procedure set forth in City of Parkland Resolution No.: with regard to holding quasi-judicial hearings on site specific rezoning requests. , as applicant, does hereby acknowledge and understand that the passage of the rezoning ordinance for rezoning request number on first reading by the City Commission vests no rights of any nature in as applicant or suggests any approval or support by the Parkland City Commission of the rezoning petition. By adoption of the rezoning ordinance on first reading, the City of Parkland is in no way committed to adopt the ordinance on second reading and it is acknowledged and understood that the purpose of adopting the ordinance on first reading is to permit a second reading at which a full public quasi-judicial hearing shall be held. This procedure is adopted to avoid the possibility of two quasi-judicial hearings and to provide for a more stream lined procedure. Therefore, , as applicant under application number , acknowledges and agrees that the adoption of the rezoning ordinance in question on first reading shall not obligate the City to adopt the rezoning ordinance on second hearing, does not grant any additional procedural rights to (with the exception of the right to a quasi-judicial hearing on second reading), or grant any other vested rights or rights of whatsoever nature with regard to the adoption of rezoning request number This letter must be signed by an authorized representative of the applicant and be submitted to the City Commission within seven days after consideration of the rezoning request by the Planning and Zoning Board. Section 3. This Resolution shall become effective upon adoption. Date Adopted: OCTOBER 25 , 1995. (SEAL) CITY OF PARKLAND, FLORIDA ~~~ SAL P AGLIARA, , ,OR ATTESTED: ~~.C2-t -' SUSAN ARMSTRONG:aJJy CLERK . 4 · EXHIBIT "An RESOLUTION NO. 95-39 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, PROVIDING FOR PROCEDURES FOR EX PARTE COMMUNICATIONS IN QUASI-JUDICIAL PROCEEDINGS SUBJECT TO CERTAIN RULES AND REGULATIONS, REMOVING THE PRESUMPTION OF PREJUDICE IN SUCH COMMUNICATIONS MADE IN COMPLIANCE WITH THE RULES SET FORTH HEREIN; CONTAINING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida recently adopted legislation which provided an opportunity for ex parte communications in quasi-judicial proceedings, provided said communications were regulated; and WHEREAS, if such communications are regulated as set forth herein, the presumption of prejudice in said communications shall be removed; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AS FOLLOWS: Section 1. Any member of the Cjty Commission of the City of Parkland, the Planillng and Zoning Board, Board of Adjustment, Code Enforcement Board, Community Appearance Board, or other Board of Committee of the City of Parkland charged with making quasi-judicial detemrinations may receive ex parte communications, consult with experts, conduct investigations and site visits with regard to the subject matter of an issue to be brought before them in a quasi- judicial proceeding, provided the following actions are undertaken: A. The member of the entity in question shall disclose the ex parte communication in writing to the Clerk of the City Commission if it is a City Commissioner, or to the Secretary of the Board in question if it is not the City Commission, prior to the quasi-judicial hearing. B. The notice shall state the nature of the action, communication, or other investigation undertaken, the date of any communication, the person making said communication, and the general nature of said communication. C. Any party holding a contrary opinion shall have a reasonable opportunity to refute or to respond to any ex parte communication either prior to the hearing or at the hearing. D. Any ex parte communications or actions described above by any Commission member or other Board member charged with making quasi-judicial '. determinations made in compliance with the rules stated above shall not be presumed to be prejudicial to the action taken by the Commissioner or Board member in question, Section 2. This Resolution shall become effective upon adoption. Date Adopted: AUGUST 2 , 1995. (SEAL) CITY OF PARKLAND, FLORIDA ~~~ SAL PAOLI~ YOR. ATIESTED: s~,~ ~4'~ SUSAN ARMSTRONG, CITY . ERK - '