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Rules of Procedure - Revised at December 16, 2008 CDB mtg CITY OF CLEARWATER COMMUNITY DEVELOPMENT BOARD RULES OF PROCEDURE ARTICLE I BOARD NAME AND PURPOSE The name of this board shall be the Community Development Board of the City of Clearwater, hereinafter referred to as the ?Board.? The Board shall be governed by these rules of procedure; for any matters not covered by these rules, the current edition of Robert?s Rules of Order shall govern. ARTICLE II AUTHORITY AND JURISDICTION The purpose of the Board is to implement the provisions of the Community Development Code of the City of Clearwater and it shall perform the functions and exercise the authority granted to it in the Code. The Community Development Code is codified as Subpart B of Part II of the City?s Code of Ordinances, as originally adopted on January 21, 1999, made effective on March 8, 1999 and as may be amended from time to time. The Board shall have jurisdiction for all property within the corporate limits of the City of Clearwater pursuant to the Community Development Code. ARTICLE III MEMBERS AND OFFICERS Section 1. Members The City Commission shall appoint seven regular members and one alternate member of the Board who are residents of the City in accordance with the provisions of the Community Development Code. The length of a regular member?s term shall be four years and a member may be re-appointed for one successive four-year term. For the appointment of the initial Board, terms shall be staggered such that no more than two members? terms shall expire in any calendar year. The alternate board member shall serve at the pleasure of the City Commission for a four-year term and may be reappointed City of Clearwater ? Community Development Board ? Rules of Procedure ? Page 1 for one successive term. In the event the alternate member is appointed as a regular member, the term already served, as an alternate shall not be considered part of the allowable term as a regular member. (CDC Article 5, Division 2) Amended by Ordinance 6680-01, effective April 5, 2001. Section 2. Officers The Board shall annually elect a Chairperson and a Vice-Chairperson at its meeting in April. All officers shall serve a one-year term and may be re-elected by the Board. Should the Chairperson or Vice Chairperson not be able to serve out the entirety of his term, the Board shall hold an election to fill the vacancy of the office. The newly elected officer shall serve only until the next regular election of officers. (CDC Section 5-204) Amended at the February 18, 2003 CDB meeting Section 3. Duties of Officers The Chairperson shall preside at all meetings of the Board and shall have the duties normally conferred upon the office by parliamentary rules. The Chairperson shall have the privilege of discussing all matters before the Board and shall have the same voting rights as other Board members. If the Chairperson is absent from a meeting, the Vice- Chairperson shall preside at the meeting and perform all of the functions of the Chairperson. If both the Chairperson and Vice Chairperson are absent from a meeting, the attending members of the Board shall select a member to preside at that meeting. (CDC Section 5-204) Section 4. Staff and Legal Advisor to the Board The Planning Department shall serve as staff to the Board and shall provide it with the necessary professional support to carry out its duties. (CDC Section 5-204) The City Attorney?s office shall provide legal representation to the Board to assist it in its responsibilities. ARTICLE IV CONDUCT OF MEETINGS Section 1. Meetings The Board shall meet on the third Tuesday of each month beginning at 1 p.m. in the City Commission Chambers, City Hall unless otherwise prescribed. All meetings of the Board are open to the public and shall be properly noticed in accordance with applicable Florida law. The Chairperson or a majority of the Board membership may call a special meeting when required for the conduct of its business. (CDC Section 5-203) Amended at the April 17, 2001 CDB meeting and effective June 19, 2001. Amended at the November 16, 2004 CDB Meeting and effective January 18, 2005. City of Clearwater ? Community Development Board ? Rules of Procedure ? Page 2 Section 2. Quorum and Vote A quorum of five members is required to conduct the business of the Board. The concurring vote of at least four members is required for action on any item before the Board. If a decision results in a vote of 3 to 2, the matter shall automatically be continued to the next regularly scheduled meeting of the Board for a decision. In the event all regular members are present, the alternate member shall have all of the rights and responsibilities of a regular member except for the right to vote. In the absence of a regular board member at a board meeting or during an agenda item when a regular member cannot vote due to a conflict of interest, the alternate member shall also have the right to vote. (CDC Section 5-203) Amended by Ordinance 6680-01, effective April 5, 2001 Section 3. Conflict of Interest Any Board member who has a conflict of interest due to a special private gain shall announce his conflict prior to the beginning of the application and must abstain from discussion and voting on that item. The member must also file the conflict of interest disclosure statement as required by Florida Statutes within 15 days of the meeting. On all other matters where a member does not have a conflict of interest, a member must vote on the matter. Section 4. Order of Meeting Meetings shall generally be conducted according to the following order: Call to Order Invocation Pledge of Allegiance Roll Call Approval of Minutes Requests for Continuances Continued Items Consent Agenda Items Approval of Consent Agenda Consideration of Level One Appeals (if removed from Consent Agenda) Consideration of Level Two and Three Applications Removed from the Consent Agenda Requests for Additional Time for Presentation Requests for Rehearing Level Two Applications- Flexible Development Order Applications Level Three Applications- Annexations Land Use Plan Amendments Rezoning Applications Text Amendments to the Community Development Code City of Clearwater ? Community Development Board ? Rules of Procedure ? Page 3 Appeals Board and Staff Reports/ Comments Special Studies and Plans The Board may utilize a consent agenda which shall include cases that the Planning Department recommends approval, the applicant is in agreement with any proposed conditions and no objections have been received from the public. The cases that meet the above qualifications to be placed on the consent agenda will be identified on the printed Board agenda. At the beginning of the Board meeting, the Chairperson shall ask if any member of the audience, the Staff or Board member desires to remove a case from the consent agenda due to objections or questions. If a case is removed from the consent agenda, the case will be heard in the regular order of the agenda. A full presentation on all other cases that remain on the consent agenda will not be required and the Board may approve the consent agenda with a single vote. Amended at the June 19,2007, September 18, 2007 and January 15, 2008 CDB Meetings Section 5. PowerPoint Presentations Applicants and members of the public may present a PowerPoint presentation to the Community Development Board using the City?s equipment provided that: Such presentation shall occur within the applicable time limits for oral presentations and cumulative time limits as set forth in Article V of these Rules; Such presentation is reviewed by the Public Communications Department no later than 5:00 p.m. the Thursday prior to the CDB meeting to ensure readability of the presentation on the T.V. monitors. It is the responsibility of the presenter to make arrangements with the Public Communications Departments to schedule such review. Any presentation that is not reviewed by the Public Communications Department will not be allowed to be presented at the Community Development Board meeting; The presenter shall make arrangements with the Public Communications Department to load the PowerPoint presentation onto the City?s equipment no later than 12:00 p.m. on the day of the Community Development Board meeting. The presenter shall provide the presentation in a format agreed to by the Public Communications Department; and A printed hard copy of the PowerPoint presentation shall be provided to the Board members, City Clerk, Board Attorney, City Attorney representative and City staff at the meeting. City of Clearwater ? Community Development Board ? Rules of Procedure ? Page 4 ARTICLE V REVIEW OF APPLICATIONS Section 1. Legislative Hearings Land Use Plan amendments, rezoning applications, annexations, development agreements and text amendments to the Community Development Code shall be reviewed in a legislative hearing open to the public and duly noticed. The order of the hearing shall be as follows: Presentation by Planning Staff (10 minutes maximum) Presentation by Applicant (10 minutes maximum) Comments by the Public Closing Remarks by Planning Staff (3 minutes maximum) Closing Remarks by Applicant (3 minutes maximum) Discussion and Vote by Board In general, the Planning Staff and applicant shall be limited in their presentation and closing remarks to the time limits as outlined above. Closing remarks shall be limited to a presentation of issues previously discussed and the speaker(s) shall not be permitted to present new information except to correct inaccuracies presented during the hearing. Each member of the public is limited to a presentation of three minutes. If an individual represents and will be speaking for a group, the Chairperson may authorize a reasonable amount of time for presentation from three minutes to a maximum of ten minutes. Where warranted by the complexity of the application, the Chairperson may extend the presentation time provided there is no objection by a Board member. Should a Board member object to granting additional time, the Board shall discuss and vote on the additional time request. Equal time shall be allotted to the Planning Staff, the Applicant and the opposition, if any. (CDC Section 4-206) Section 2. Quasi-Judicial Hearings All other applications of the Community Development Code not specifically detailed in Section 1 above shall be reviewed in a quasi-judicial hearing open to the public and duly noticed. The order of the hearing shall be as follows: Requests for Party Status Presentation by Planning Staff (10 minutes maximum) Presentation by Applicant (10 minutes maximum) Presentation by Persons with Party Status (5 minutes per party) Cross Examination of witnesses by Planning Staff Cross Examination of witnesses by Applicant City of Clearwater ? Community Development Board ? Rules of Procedure ? Page 5 Cross Examination of witnesses by Persons with Party Status (3 Minutes unless extended by the board Comments by the Public Closing Remarks by Planning Staff (3 minutes maximum) Closing Remarks by Persons with Party Status (3 minutes maximum) Closing Remarks by Applicant (3 minutes maximum) Discussion and Vote by Board Amended at the August 21, 2007 CDB Meeting In general, the planning staff and applicant shall be limited in their presentation and closing remarks to the time limits as outlined above. Closing remarks shall be limited to a presentation of issues previously discussed and the speaker(s) shall not be permitted to present new information except to correct inaccuracies presented during the hearing. Each member of the public is limited to a presentation of three minutes. If an individual represents and will be speaking for a group, the Chairperson may authorize a reasonable amount of time for presentation from three minutes to a maximum of ten minutes. Where warranted by the complexity of the application, the Chairperson may extend the presentation time provided there is no objection by a Board member. Should a Board member object to granting additional time, the Board shall discuss and vote on the additional time request. Equal time shall be allotted to both the Planning Staff and the Applicant. (CDC Section 4-206) Amended at the November 16, 2004 and the July 19, 2005 CDB Meetings. Section 3. Appeals Appeal of an Administrative Decision or Interpretation of Community Development Code An appeal of an administrative decision or interpretation of the Community Development Code shall be heard by the Board in a quasi-judicial public hearing according to Section 4-206 of the Code and these rules. (CDC Article 4, Division 5). Appeal of a Level One Development Order An appeal of the approval of a Level One Development Order shall be placed on the consent agenda of the next scheduled meeting of the Board. The appeal may be removed from the consent agenda for a hearing only upon the concurring vote of four members of City of Clearwater ? Community Development Board ? Rules of Procedure ? Page 6 the Board. If the appeal is not removed from the consent agenda, the Development Order stands as issued by the Community Development Coordinator. If the appeal is removed from the consent agenda, the Board shall conduct a quasi-judicial public hearing at that same meeting according to Section 4-206 of the Code and these rules. At the conclusion of the hearing, the Board may uphold or reverse the decision of the Community Development Coordinator. The Board may attach specific conditions to the reversal of the Development Order. (CDC Article 4, Division 5). Section 4. Continuances Any application that is continued to a later meeting of the Board shall be re-advertised for the continued hearing in the same manner as the original notice requirements. (CDC Section 4-206 E) Amended by Ordinance 6526-00, effective June 15, 2000. An applicant for a development approval has the right to a continuance to the next regularly scheduled meeting of the Board if all seven members of the Board are not present to review his application. The request for a continuance shall be made prior to the public hearing on the matter. (CDC Section 5-203) ARTICLE VIBOARD ACTION AND EFFECT OF DECISION Section 1. Board Decision A written development order shall be issued which confirms the Board?s decision. The development order shall be effective upon the date of the decision made (date of the Board meeting). (CDC 4-405) Section 2. Time Limits on Approval An application for a building permit must be requested within one year of the development order and all certificates of occupancy shall be obtained within one year of the issuance of the initial building permit, unless different time frames are established in the development order Extensions to a valid Development Order may be made pursuant to the Community Development Code, Section 4-407, Expiration of a Level Two Approval. (CDC Section 4-407) Amended by Ordinance 7106-03 effective September 18, 2003 and by the CDB meeting of November 16, 2004. An applicant shall have the responsibility of identifying a realistic schedule based on the complexity of the project and may propose a phased schedule for the project. Approval of a schedule other than that described above shall be at the discretion of the Board depending on the project. City of Clearwater ? Community Development Board ? Rules of Procedure ? Page 7 Section 3. Reconsideration or Rehearing A reconsideration or rehearing of a decision of the Board may be requested by the Planning Staff, applicant or interested party and must be requested at the next regularly scheduled meeting of the Board. Any party who opposes the reconsideration may address the Board solely in regard to the reasons for reconsideration. A reconsideration or rehearing shall only be granted upon a determination by the Board that their decision was based on a mistake, fraud or misrepresentation. If the Board decides to rehear an application, notice of the rehearing shall be provided in the same manner as required for the original application. (CDC Section 4-206) Section 4. Appeal An appeal of a decision of the Board may be taken to a Hearing Officer as prescribed in the Code. (CDC Article 4, Division 5) ARTICLE VII AMENDMENT TO THE RULES OF PROCEDURE The Board may amend these rules of procedure from time to time as is required. All amendments shall require the affirmative vote of four members of the Board. When the Board considers an amendment to the Community Development Code, it shall also evaluate the need for any revision to these rules of procedure. TH Originally adopted this 6day of April, 1999 Amendments: 1. Approved May 15, 2001 Article III, Section 1, Members Article IV, Section 2, Quorum and Vote Section 4, Order of Meeting Article V, Section 1, Legislative Hearings Section 4, Continuances Article VI, Section 3, Reconsideration or Rehearing 2. Approved April 17, 2001 by the CDB Article IV, Section 1, Meetings 3. Approved February 18, 2003 by the CDB Article III, Section 2, Officers City of Clearwater ? Community Development Board ? Rules of Procedure ? Page 8 4. Approved May 20, 2003 by the CDB Article VI, Section 1, Board Decision 5. Approved November 16, 2004 by the CDB Article IV, Section 1, Meetings Article V, Section 2, Quasi-Judicial Hearings Article VI, Section 2, Time Limits on Approval 6. Approved July 19, 2005 by the CDB Article V, Section 2, Quasi-Judicial Hearings 7. Approved June 19, 2007 by the CDB Article IV, Section 4, Order of Meeting 8. Approved August 21, 2007 by the CDB Article V, Section 2, Quasi-Judicial Hearings 9. Approved September 18, 2007 by the CDB Article IV, Section 4, Order of Meeting 10. Approved January 15, 2008 by the CDB Article IV, Section 4, Order of Meeting \\ms5a\pds\Planning Department\C D B\CDB Handbook\CDB Handbook\Rules of Procedure for CDB\Rules of Procedure revisions for January 2008 CDB mtg.doc City of Clearwater ? Community Development Board ? Rules of Procedure ? Page 9