Loading...
Email Attachment: Procedural Memo Trio appeal [19-CPS-01863/1478904/1]68 Page 1 of 3 OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM DATE: June 21, 2019 TO: The Board of County Commissioners, sitting as the Board of Zoning Appeals Commissioner William L. McDaniel, Jr., Chair; CRAB Co-Chair, District 5 Commissioner Burt Saunders, Vice-Chair, District 3 Commissioner Donna Fiala, CRAB Co-Chair, District 1 Commissioner Andy Solis, District 2 Commissioner Penny Taylor, District 4 FROM: Jeffrey A. Klatzkow, County Attorney SUBJECT: Hearing on the Appeal of the Administrative Denial of the Insubstantial Site Development Plan Amendment for Gateway formerly known as Trio 1. General – In keeping with prior appeals of this nature before the Board of Zoning Appeals (“BZA”), the appeal hearing process is quasi-judicial in nature and is therefore subject to the provisions of Resolution Number 95-376, requiring proper disclosure of any Commissioners ex-parte contacts, communications, site visits, investigations, or receipt of expert opinions. Likewise, the procedural requirements of Resolution Number 98-167 also apply. Copies of both resolutions are attached for your convenience. 2. The ultimate issues to be determined in the appeal are: a. Whether there is competent, substantial evidence to support the denial of the insubstantial site development plan amendment; and b. Whether the site development plan denial is contrary to the goals, objectives and policies of the Growth Management Plan (“GMP”) or that it does not comply with the requirements of the Land Development Code (“LDC”), particularly Section 10.02.03, or County ordinances. 3. The appeal hearing before the BZA is informal. 4. Relevant evidence will be considered at the hearing. The Chairman of the BZA, with the assistance of the County Attorney, will determine what is relevant evidence. 5. The County Attorney recommends the following procedures: [19-CPS-01863/1478904/1]68 Page 2 of 3 a. The court reporter administers the oath to those wishing to speak. If a speaker arrives at the hearing after the oath is given, the speaker must be sworn in before they can speak. b. The members of the BZA then make their individual ex-parte disclosures. All communications must be disclosed including letters, e-mails, phone calls, and meetings. Any personal investigation, such as a site visit, must also be disclosed. The subject matter of the communication and the identity of the person, groups or entity with whom the communication took place are all part of the disclosure. This applies to all communications that took place even before the appeal was filed. These disclosures must be made at the beginning of the hearing. The BZA must give any person who wishes to question its members concerning the ex -parte disclosure the opportunity to ask questions of it. This right may be waived by a failure to ask questions of the Board. c. The presentation of the appeal should be as follows: i. The appealing party presents his case. The time limit is one hour. This time limit includes any presentation by an expert witness. a) The Zoning Director may question the appealing party and/or any of his experts. The time limit is 10 minutes. b) The impacted contract purchaser may question the appealing party or any of its experts. The time limit is 10 minutes. ii. Staff presents its case including the testimony of any expert witnesses. The time limit is one hour. a) The appealing party may ask questions. The time limit is 10 minutes. b) The impacted contract purchaser may ask questions. The time limit is 10 minutes. iii. The impacted contract purchaser presents its case including the testimony of any expert witnesses. The time limit is one hour. a) The Zoning Director may ask questions. The time limit is 10 minutes. b) The appealing party may ask questions. The time limit is 10 minutes. [19-CPS-01863/1478904/1]68 Page 3 of 3 iv. The members of the BZA may ask questions at any time during the proceedings. It is suggested that there be no time limit to the BZA’s questions, subject, however, to the discretion of the Chair. v. Interested members of the public may then speak. Time limits per speaker, including any cross-examination, is 3 minutes. The BZA should only give consideration to “public testimony” that is relevant to the issues being discussed. vi. After Public Comment, in order, the Zoning Director, the appealing party, and the impacted contract purchaser will each have 10 minutes to sum up. This summation could include any rebuttal. vii. Time limits may be extended at the discretion of the Chair. viii. Upon conclusion of the public speakers’ presentations, the BZA should close the public hearing and commence discussion. ix. Upon conclusion of the discussion, the BZA will make its motion, second and then vote. A simple majority is required to approve the motion. The BZA shall either affirm the denial of the insubstantial site development plan amendment or approve appellant’s argument and remand the insubstantial site development plan amendment to staff for approval.