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5-12-16- Gate Appeal Agenda Packet 00653626-1 1 CITY OF ATLANTIC BEACH CITY COMMISSION AGENDA FOR GATE PETROLEUM APPEAL HEARING HELD IN THE FELLOWSHIP HALL OF THE COMMUNITY PRESBYTERIAN CHURCH 150 SHERRY DRIVE, ATLANTIC BEACH, FLORIDA May 12, 2016 10:00 AM Call to Order/Pledge & Invocation 1. Open Public Hearing, City Attorney Procedural Reminders, Ex Parte Disclosures, Court Reporter swears in all witnesses. 2. City Presentation. 3. Applicant's Presentation. Lunch Break 4. Cross Examination by Eakin/Sneed/West of the City’s and Applicant's witnesses. 5. Eakin Presentation. 6. Sneed Presentation. Break* 7. West Presentation. 8. Cross Examination of Eakin/Sneed/West witnesses. 9. Rebuttal - Eakin, Sneed, West, City and Applicant. Dinner Break 10. 7:30 p.m. – Public Comment - Courtesy of the Floor to Visitors. (After Public Comment the Commission may, in its discretion, decide to continue the hearing until Friday, May 13th at 10 am.) 11. Closing Statements: Eakin, Sneed, West, City and Applicant. 12. Commission Questions/Deliberations and Vote. Adjourn *Additional breaks may be taken at the discretion of the City Commission. 00653626-1 2 If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the public comment period beginning at 7:30 p.m. For your convenience, forms for this purpose will be available at the entrance to the Fellowship Hall meeting location. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Tuesday, May 10, 2016. 4/26/16 10064733!-l       ORDER OF PRESENTATION     10:00 am Call to Order/Pledge & Invocation - Open Public Hearing I City Attorney Procedural Reminders I Ex Parte Disclosures I Court Reporter swears in all witnesses 10:15 am* City Presentation- up to 45 minutes total for direct/rebuttal;   rebuttal - now/end of hearing if time remaining   10:45 am* Applicant's Presentation - up to 2 hours total for direct and rebuttal; rebuttal - now/end of hearing, if time remaining 12:15 pm* Lunch break- 30 minutes   12:45 pm* Cross Examination by Eakin/Sneed/West of City and Applicant's witnesses - up to 2 hours total (limited to 40 minutes each unless time is shared by agreement amongst Appellants) 2:30pm* Eakin Presentation - up to 1 hour total for direct/ rebuttal;   rebuttal - now/end of hearing, if time remaining   3:15pm* Sneed Presentation - up to 1 hour total for direct/ rebuttal;   rebuttal - now/end of hearing, if time remaining   4:00pm* Break   4:15pm* West Presentation - up to 1 hour total for direct/ rebuttal;   rebuttal - now/end of hearing, if time remaining   5:00pm* Cross Examination of Eakin/Sneed/West witnesses by Applicant and City - up to 1 hour (limited to 30 minutes each unless shared) 5:45pm* Rebuttal- Rebuttal- use of any reserved time for rebuttal in this order: Eakin, Sneed, West, City and Applicant. 6:30pm* Dinner Break 4/26/16 200647331-1       7:30pm* Public Comment- time/speaker dependent on total number of cards, but in no case more than 3 minutes each After Public Comment: Commission may, in its discretion, decide to   continue the hearing until Friday, May 13th at 10 am.   Closing Statements - 3 minutes each: Eakin, Sneed, West, City, Applicant. Commission Questions/Deliberations and Vote - Possible motions; all must be based on competent substantial evidence: • Motion to find that the Director did not commit an error because site plan meets applicable Code requirements, confirming the approval of the site plan application. -or -   • Motion to find that the Director committed an error because site plan does not meet applicable Code requirement(s) (to be specified), reversing the approval of the site plan application. -or-   • In the event the Applicant offers a modification,motion to modify the approval of the site plan application and revise in manner specified.     *Time of day is estimate only. Documents pertaining to the appeal can be found by clicking here.