2002-28ORDINANCE NO. 2002-28
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY CODE BY AMENDING
CHAPTER 31 "LAND DEVELOPMENT REGULATIONS"
ARTICLE V "DEVELOPMENT REVIEW PROCEDURES",
AT PARAGRAPH (D) "FILING OF APPLICATIONS" OF
SECTION 31-71 "PROCEDURES OF GENERAL
APPLICABILITY", TO PROHIBIT ANY APPLICANT OR
APPLICANT REPRESENTATIVE FROM CONTACTING
THE CITY'S PROFESSIONAL STAFF (OTHER THAN THE
CITY MANAGER) CONCERNING A PENDING QUASI-
JUDICIAL APPLICATION FOR A DEVELOPMENT
PERMIT FROM THE TIME OF THE FILING OF THE
APPLICATION UNTIL THE TIME OF THE PREPARATION
AND DISTRIBUTION OF THE CITY MANAGER'S
WRITTEN RECOMMENDATION; AND AMENDING
CHAPTER 34 "PLANNING AND ZONING", ARTICLE II
"QUASI-JUDICIAL MATTERS", AT SECTION 34-34 "EX-
PARTE COMMUNICATIONS", TO GENERALLY PROHIBIT
CITY COMMISSIONERS FROM DISCUSSING THE
MERITS OF ANY SPECIFIC ISSUE WHICH IS THE
SUBJECT OF A PENDING QUASI-JUDICIAL
APPLICATION, OUTSIDE OF THE PUBLIC HEARING
PROCESS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS?
Section 1. Land Development Regulations Amended. That paragraph (d)
"Filing of Applications" of Section 31-71 "Procedures of General Applicability" of Article
V "Development Review Procedures" of Chapter 31 "Land Development Regulations" of
the City Code is hereby amended, to read as follows:
31-71. Procedures of General Applicability.
Proposed additions to existing City Code text are indicated by underlin~; proposed deletions from existing
City Code text are indicated by
Ordinance No. 2002-28
Page 2
(d) Filing of applications. The Community Development Director
shall establish application filing deadlines and a review schedule for all
applications. All applications for a development permit filed with the
Community Development Department shall be reviewed to determine
whether the application is complete.
If an application is incomplete the Community Development
Department shall notify the applicant in writing of the deficiencies. An
application for development approval may not be scheduled for public
hearing until all required information has been submitted and the required
review agencies have completed their review.
Once an application is filed, from the time of filin.q of the application
until the time of preparation and distribution to the Commissioners of the
City Manaqer's written recommendation as part of the Commission
ARenda item, pursuant to paragraph (e) of this section, no applicant or
applicant representative shall contact the City's professional staff (other
than the City Manaqer) concerninq the application except in writing or
except to respond to specific requests from the City's professional staff.
Section2. City Code Amended. That Section 34-34 "Ex-Parte
Communications" of Article I1 "Quasi-Judicial Matters" of Chapter 34 "Planning
and Zoning" of the City Code is hereby amended, to read as follows:
Sec. 34-34. Ex-parte communications.
(a) Except as otherwise specified herein, this section is adopted to
follow the disclosure processes of F.S. § 286.0115(1), and shall be
construed so as to be consistent therewith.
(b) Except for the specific issue which is the subiect of a pendin,q
quasi-judicial matter for which an application has been filed with the City
pursuant to section 34-32 of this Code, any Commissioner may choose to
discuss the merits of any ~ proposed proiect or development on
which action may be taken by the Commission with any person not
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Ordinance No. 2002-28
Page 3
otherwise prohibited by statute, charter provision, section 34-40 or other
ordinance, if the Commissioner complies with the applicable procedures of
paragraph (c) and (d) of this section 34-34. As to any specific issue which
is the subject of a pending quasi-judicial matter for which an application
has been filed with the City pursuant to section 34-32, outside of the public
hearing Commissioners are prohibited from discussinq the merits of the
specific issue for which approval is sought by the pendinq application with
any person other than the City staff. The term "specific issue", as used in
this paraclraph, refers to the specific variance, conditional use, rezoninq,
site plan, plat approval or like item for which approval is sought, rather
than referring to the qeneral matter, as opposed to the merits, of the
proposed project or development itself. Notwithstandinq any contrary
provision of this paraqraph (b), the prohibitions of this paragraph (b) shall
not apply to applicant conferences with the City Manager which are
attended by individual Commissioners (no more than one Commissioner
at each conference) provided that the City Manager first finds and certifies
in writing that the application concerns a project of si.qnificant impact, and
schedules such conferences. The term "project of si.qnificant impact," as
used in this paraclraph, means a project which has the potential to
substantially enhance or substantially impair the public health, safety or
welfare.
(c) Compliance with the procedures of this section 34-34 shall
remove the any presumption of prejudice arising from ex-parte
communication with any Commissioner.
(1) Oral communications. The subject of the communication and
the identity of the person, group, or entity with whom the
communication took place shall be disclosed and made a part
of the record before final action on the application. At the
quasi-judicial hearing the person or persons responsible for
the ex-parte communication, any party to the hearing and any
participant shall have the opportunity to contest the accuracy
of the matters disclosed.
(2)
Wdtten communications. Any written communication related
to an application pending before the Commission shall be
forwarded to the appropriate staff for inclusion in the official file
for the application, and shall be disclosed on the record before
final action on the matter. It shall be the responsibility of the
applicant to review the official file periodically to determine
Ordinance No. 2002-28
Page 4
whether written ex-parte communications have been placed in
the official file.
(3) Investigations and site visits. Except as provided in paraqraph
(b) above, Commissioners may conduct investigations and site
visits and may receive expert opinions regarding a quasi-
judicial action pending before them. However, in any event,
such activities shall not be presumed prejudicial to the action if
the existence and subject matter of the investigations, site
visits, or expert opinions is made a part of the record before
final action on the matter and an opportunity for the parties
and participants to respond is provided prior to or at the
hearing.
(d) Commissioners must make disclosures of their ex-parte
communications (reRardless of whether or not such ex-parte
communications are prohibited by paraRraph (b) above) before or during
the public meeting at which a vote is taken on the application to afford
persons a reasonable opportunity to refute or respond to the
communication.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be re-
numbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall
be changed to "Section" or other appropriate word.
4
Ordinance No. 2002-28
Page 5
Section 5. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Beskin, who moved its
adoption on first reading. The motion was seconded by Commissioner Rogers-Libert
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
yes
Jay R. Beskin yes
Ken Cohen yes
Manny Gressman yes
Harry Holzberg yes
Patricia Rogers-Libert yes
yes
Mayor Jeffrey M. Perlow
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on second reading. The motion was seconded by Commissioner
Cohen and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
PASSED AND ADOPTED on first reading this 1st day of October, 2002.
Ordinance No. 2002-28
Page 6
PASSED AND ADOPTED on second reading this l~November, 2002.
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