01/20/2009
COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
January 20, 2009
Present: Nicholas C. Fritsch Chair
Thomas Coates Vice Chair
Jordan Behar Board Member
Frank L. Dame Board Member
Doreen DiPolito Board Member
Richard Adelson Board Member
Norma R. Carlough Acting Board Member
Absent: Dana K. Tallman Board Member
Also Present: Gina Grimes Attorney for the Board
Leslie Dougall-Sides Assistant City Attorney
Michael L. Delk Planning Director
Gina Clayton Assistant Planning Director
Patricia O. Sullivan Board Reporter
The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation
and Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: December 16, 2008
Acting Member Carlough moved to approve the minutes of the regular Community
Development Board meeting of December 16, 2008, as recorded and submitted in written
summation to each board member. The motion was duly seconded and carried unanimously.
D CONSENT AGENDA: The following cases are not contested by the applicant, staff,
neighboring property owners, etc. and will be approved by a single vote at the beginning of the
meeting: (Item 1)
Community Development 2009-01-20 1
1. Case: FLD2008-11032 – 700 Bayway Boulevard Level Two Application
Owner/Applicant: City of Clearwater
Representative: William Woods, Woods Consulting (1714 County Road 1, Suite 22,
Dunedin, FL 34698; phone: 727-786-5747 fax: 727-786-7479; email:
billjr@woodsconsulting.org).
Location: 0.17 acre located on the north side of Bayway Boulevard at the intersection of
Bayway Boulevard and Parkway Drive.
Atlas Page: 285A.
Zoning: Tourist (T) District.
Request: Flexible Development approval to permit the addition of a 460 square-foot commercial
dock/lift in conjunction with an existing governmental use in the Tourist (T) District with an
increase in the maximum length of the dock from 75 percent of the lot width (45 feet) to 90 percent
of the lot width (54 feet), an increase to the maximum width of the dock from 75 percent of the lot
width (45 feet) to 83 percent of the lot width (50 feet) and a reduction to the side (east) setback
from six feet to zero feet (to lift), under the provisions of Community Development Code (CDC)
Section 3-601.C.3.
Existing Use: Governmental use (police substation).
Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods
Coalition.
Presenter: A. Scott Kurleman, Planner III.
See Staff Report: Exhibit FLD2008-11032 2009-01-20
Member Coates moved to approve Case FLD2008-11032 on today’s Consent Agenda
based on evidence in the record, including the application and the Staff Report, and hereby
adopt the Findings of Fact and Conclusions of Law stated in the Staff Report, with conditions of
approval as listed. The motion was duly seconded and carried unanimously.
E. DIRECTOR’S ITEMS: (Items 1 - 3)
1. Proposed Amendment to Board Rules of Procedures Re Visual Electronic Presentations
See: Exhibit Rules of Procedure 2009-01-20 and Exhibit: Rules of Procedure 2009-01-
20 - MEMO
There was no consensus to make suggested changes. Staff was thanked for their
efforts. Discussion ensued with comments that the amendment adds no value to the process
and that the change addresses interest expressed for the technology.
Member Coates moved to adopt the amendment regarding visual electronic
presentations to the Community Development Board Rules of Procedures. The motion was
duly seconded. Members Coates, Behar, Dame, DiPolito, Adelson, and Acting Member
Carlough voted “Aye”; Chair Fritsch voted “Nay.” Motion carried.
2. 2009 Holiday Luncheon
Concern was expressed that there was too much time between the Holiday luncheon
and December meeting. Administrative Analyst Sherry Watkins said the luncheon’s downtown
location and member donations of gift cards had reduced travel time. It was recommended that
timing be considered when next year’s luncheon is scheduled.
Community Development 2009-01-20 2
3. Cancellation of February 17, 2009, Community Development Board Meeting
The February 17, 2009 CDB meeting was cancelled.
Items not on the Agenda
Retiring Board Member Tallman was thanked for his efforts.
Siqn Code
An explanation was requested regarding how staff differentiates between art and
signage when interpreting code. Concern was expressed that enforcement is selective.
Discussion ensued regarding signage, with questions posed regarding apparent conflicts, such
as murals of first responders on a fire station, etc. Attorney for the Board Gina Grimes said the
Community Development Board is not tasked with making recommendations to the City Council
unless requested. She recommended the issue be placed on March's agenda to provide public
notice and staff sufficient time to arrange a presentation for the purpose of educating the board
in preparation for future appeals.
F. ADJOURN
adjourned at 1 :35 p.m.
cr~~
Community Development Board
Community Development 2009-01-20
3
EXHIBIT FLD2008-11032 2009-01-20
CDB Meeting Date: January 20, 2009
Case Number: FLD2008-11032
Agenda Item: D1
Owner: City of Clearwater
Applicant: Kent Watts, Special Operations Chief, City of Clearwater Fire Department
Representative: Woods Consulting
Addresses: 700 Bayway Boulevard
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Flexible Development approval to permit the addition of a 460 square foot
commercial dock/lift in conjunction with an existing governmental use in
the Tourist (T) District with an increase in the maximum length of the
dock from 75 percent of the lot width (45 feet) to 90 percent of the lot
width (54 feet), an increase to the maximum width of the dock from 75
percent of the lot width (45 feet) to 83 percent of the lot width (50 feet)
and a reduction to the side (east) setback from six feet to zero feet (to lift),
under the provisions of Community Development Code (CDC) Section 3-
601.C.3.
CURRENT ZONING: Tourist (T) District, Clearwater Pass District of Beach by Design
CURRENT FUTURE LAND Resort Facilities High (RFH) Category
USE CATEGORY:
PROPERTY USE: Current Use:Governmental (Police Substation)
Proposed Use: Commercial Dock/Lift of 460 square feet (in association
with a governmental use)
EXISTING North: Preservation (P) Clearwater Harbor
SURROUNDING ZONING South: Tourist (T) Retail Sales and Services and Restaurant
AND USES: East: Tourist (T) Vacant
West: Tourist (T) Attached Dwellings
ANALYSIS:
Site Location and Existing Conditions:
The subject property consists of 0.17 acres located on the north side of Bayway Boulevard at the
intersection of Parkway Drive and Bayway Boulevard. The parcel is located on Clearwater Harbor and has
approximately 60 feet of waterfront frontage. The upland portion of the site is developed with the
Clearwater Beach Police Substation. The substation houses District I and limited fire personnel that serve
Sand Key, Island Estates and Clearwater Beach. Located in the rear of the substation is a dock containing
two boat slips and comprising 614 square feet in which the Clearwater Fire Department, Pinellas County
Sherriff’s Office Marine Unit and Florida Fish and Wildlife Conservation marine officers operate from.
Community Development Board – January 20, 2009
FLD2008-11032 – Page 1 of 6
EXHIBIT FLD2008-11032 2009-01-20
Development Proposal:
The development proposal includes the addition of a 460 square foot commercial dock/lift of which a no
profile boatlift will comprise 416 square feet. The remaining 44 square feet is an addition to the existing
dock providing access to the no profile boatlift. The no profile boatlift is in a sense a platform,
hydraulically controlled to raise and lower a boat. Unlike a conventional boatlift, the no profile lift utilizes
no cables or gearboxes, thus reducing the typical visual clutter associated with a conventional boatlift. The
Clearwater Fire and Rescue Fire Boat will moor at the proposed no profile lift. Dive operations, search and
rescue and the transport of injured persons are some of the public service and safety activities performed by
the vessel. Due to the unique missions of this vessel, it has distinct and specific docking and boat lift
mechanism requirements. The fire boat requires access to all four sides of the vessel while it is docked.
This access is critical in order to safely move seriously injured persons while maintaining the safety of the
rescue personnel; thus the requirement for a no profile lift. No covered boatlifts, roof structures or vertical
walls are proposed nor are any improvements to the upland use.
Pursuant to CDC Section 3-601.C.3, a commercial dock is any dock, pier or wharf, including boatlifts, that
is used in connection with a hotel, motel or restaurant where the slips are not rented, leased or sold; or such
facilities constructed and maintained by the City of Clearwater, Pinellas County or by any state or federal
agency. Commercial docks shall only be permitted as a Level Two (flexible development) use. As such, it is
subject to the relevant review criteria.
COMPLIANCE WITH DIMENSIONAL STANDARDS:
The dimensional standards criteria for
setbacks set forth in CDC Section 3-601.C.3.h state that docks shall be located no closer to any property
line as extended into the water than the distance equivalent to ten percent of the width of the waterfront
property line. The width of the waterfront property line on the subject property is 60 feet; therefore the
proposed dock/lift must be set back from both the east and west extended property lines a minimum of six
feet. The west side of the existing dock is currently set back 8.8 feet, and as no addition is proposed on the
west side, the existing setback exceeds the requirement. As proposed, the dock/lift on the east side will be
located at a zero setback. Due to the no profile nature of the proposed lift and limited waterfront frontage,
staff supports the request for a reduced side setback.
With regards to length, commercial docks shall not extend from the mean high water line or seawall of the
subject property more than 75 percent of the width of the subject property as measured along the
waterfront property line; thus the length of the dock is limited to 45 feet. As proposed, the dock/lift has a
length of 54 feet. The deviation request is to allow the proposed dock/lift to be nine feet longer than
permitted by Code. CDC Section 3-601.C.3.h.ii allows tie poles to extend beyond the dock provided such
poles do not extend 25 percent of the width of the waterway and do not constitute a navigational hazard.
The waterway width in this area is approximately 700 feet; therefore tie poles may not extend beyond 175
feet, approximately 121 feet beyond the dock. The proposal has no tie poles extending beyond the dock;
however, tie poles immediately to the east extend to 64 feet and to the west they extend to 55 feet. With this
established character of existing tie poles extending beyond the proposed dock/lift, staff supports the
request for an increased dock length.
The same threshold that applies to length also applies to width; therefore the width of the proposed dock is
limited to 45 feet. The dock/lift has a proposed width of 50. The deviation request is to allow the proposed
dock/lift to be five feet wider than permitted by code. The only portion of the dock that extends into the five
feet is the no profile lift. As discussed previously, due to the no profile nature of the proposed lift and
limited waterfront frontage, staff supports the request for an increase in width.
Community Development Board – January 20, 2009
FLD2008-11032 – Page 2 of 6
EXHIBIT FLD2008-11032 2009-01-20
The following table depicts the development proposals consistency with the standards and criteria as per
CDC Section 3-601.C.3.h:
Standard Proposed Consistent Inconsistent
1
Dock Setbacks 10% of the width of the subject property (6 feet) East: 0 feet X
(Minimum) 10% of the width of the subject property (6 feet) West: 8.8 feet X
1
Dock Length 75% of the width of the subject property (45 feet) 54 feet X
(Maximum)
1
Dock Width 75% of the width of the subject property (45 feet) 50 feet X
(Maximum)
1
See discussion above
COMPLIANCE WITH FLEXIBILITY CRITERIA 3-601.C.3.a-g:
The proposed dock/lift will be subordinate to the occupants and users of the upland development, namely
emergency personnel. Many docks to both the east and west extend much further into waterway and with
the limited waterfront frontage in this area some do not meet setback requirements. Thus, staff has
determined the proposed dock/lift to be in harmony with the scale and character of adjacent properties, the
neighborhood and the general vicinity.
Regarding impacts on water recreation activities, navigation, marine environment, water quality, natural
resources and wetlands the City Harbormaster has reviewed the dock proposal and indicates that there is
compliance with those criteria.
The following table depicts the consistency with the Flexibility criteria set forth in CDC Section 3-
601.C.3.a-g. Specific responses to each of these criteria have been provided by the applicant and are
included with their application.
Community Development Board – January 20, 2009
FLD2008-11032 – Page 3 of 6
EXHIBIT FLD2008-11032 2009-01-20
Consistent Inconsistent
Use and CompatibilityX
a. :
i) The proposed dock shall be subordinate to and contribute to the comfort,
convenience or necessities of the users or the occupants of the principal use of the
property;
ii) The proposed dock shall be in harmony with the scale and character of adjacent
properties and the neighborhood in general; and
iii) The proposed dock shall be compatible with dock patterns in the general vicinity.
Impacts on Existing Water Recreation ActivitiesX
b. : The use of the proposed dock shall
not adversely impact the health, safety or well being of persons currently using the
adjacent waterways for recreational and/or commercial uses. Furthermore, it shall
not hinder or discourage the existing uses of the adjacent waterway by uses including
but not limited to non-motorized boats and motorized boats.
Impacts on NavigationX
c. : The existence and use of the proposed dock shall not have a
detrimental effect on the use of adjacent waters for navigation, transportation,
recreational or other public conveniences.
Impacts on Marine EnvironmentX
d. :
i) Docks shall be sited to ensure that boat access routes avoid injury to marine
grassbeds or other aquatic resources in the surrounding areas; and
ii) Docks shall not have an adverse impact upon natural marine habitats, grass flats
suitable as nursery feeding grounds for marine life, or established marine soil
suitable for producing plant growth of a type useful as nursery or feeding grounds
for marine life; manatee sanctuaries; natural reefs and any such artificial reef
which has developed an associated flora and fauna which have been determined
to be approaching a typical natural assemblage structure in both density and
diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or
sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish
habitat.
Impacts on Water QualityX
e. :
i) All turning basin, access channels, boat mooring areas and any other area
associated with a dock shall have adequate circulation and existing water depths
to ensure that a minimum of a one foot clearance is provided between the lowest
member of a vessel (e.g. skegs, rudder, prop) and the bottom of the water body at
mean or ordinary low water (-0.95 NGVD datum); and
ii) The dock shall not effectively cause erosion, extraordinary storm drainage,
shoaling of channels, or adversely affect the water quality presently existing in
the area or limit progress that is being made toward improvement of water quality
in the area in which the dock is proposed to be located.
Impacts on Natural ResourcesX
f. :
i) The dock shall not have a material adverse impact upon the conservation of
wildlife, marine life, and other natural resources, including beaches and shores,
so as to be contrary to the public interest; and
ii) The dock shall not have an adverse impact on vegetated areas; vegetative,
terrestrial, or aquatic habitats critical to the support of listed species providing
one or more of the requirements to sustain their existence, such as range, nesting
or feeding grounds; habitats which display biological or physical attributes which
would serve to make them rare within the confines of the City; designated
preservation areas such as those identified in the comprehensive land use plan,
national wildlife refuges, Florida outstanding waters or other designated
preservation areas, and bird sanctuaries.
Impacts on Wetlands Habitat/UplandsX
g. : The dock shall not have a material adverse
affect upon the uplands surrounding.
Community Development Board – January 20, 2009
FLD2008-11032 – Page 4 of 6
EXHIBIT FLD2008-11032 2009-01-20
COMPLIANCE WITH GENERAL STANDARDS:
As previously discussed the development of the
land (submerged) relating to scale, bulk, coverage, density and character with adjacent properties and the
immediate vicinity have been found to be consistent.
The dock/lift will not hinder or discourage the appropriate development or redevelopment of adjacent
properties. Moreover, the proposed dock/lift is consistent with the community character of the immediate
vicinity.
The proposed docks will not affect the health or safety of persons working or residing in the neighborhood
as they meet state and local guidelines by not extending past the 25 percent waterway width and no tie
poles extend beyond the length of the dock. To the contrary, this dock/lift will improve the health and safety
of persons due to the public service activities the fire boat will provide.
The following table depicts the consistency of the development proposal with the General Standards for
Level Two Approvals as per CDC Section 3-913.A:
Consistent Inconsistent
1. The proposed development of the land will be in harmony with the scale, bulk, X
coverage, density and character of adjacent properties in which it is located.
2. The proposed development will not hinder or discourage development and use of X
adjacent land and buildings or significantly impair the value thereof.
3. The proposed development will not adversely affect the health or safety of persons X
residing or working in the neighborhood.
4. The proposed development is designed to minimize traffic congestion. X
5. The proposed development is consistent with the community character of the X
immediate vicinity.
6. The design of the proposed development minimizes adverse effects, including X
visual, acoustic and olfactory and hours of operation impacts on adjacent
properties.
Code Enforcement Analysis:
There are no outstanding Code Enforcement issues associated with the subject property.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials at its
meeting of December 4, 2008, and deemed the development proposal to be sufficient to move forward to
the January 20, 2009 Community Development Board (CDB) meeting based upon the following findings of
fact and conclusions of law:
Findings of Fact:
1. That the 0.17 acres are located on the north side of Bayway Boulevard at the intersection of Bayway
Boulevard and Parkway Drive;
2. That the parcel is located in the Clearwater Pass District of Beach by Design;
3. That the upland development is a governmental use (police substation);
4. That the site has approximately 60 feet of waterfront frontage on Clearwater Harbor between the north
and south property lines;
5. That the proposal consists of the construction of a 460 square-foot dock/lift of a no profile nature;
6. That the proposal includes a deviation to increase the maximum length from 75 percent of the lot width
(45 feet) to 90 percent of the lot width (54 feet), an increase to maximum width of the dock from 75
Community Development Board – January 20, 2009
FLD2008-11032 – Page 5 of 6
EXHIBIT FLD2008-11032 2009-01-20
percent of the lot width (45 feet) to 83 percent of the lot width (50 feet) and a reduction to the side
(east) setback from six feet to zero feet;
7. That the development proposal is compatible with dock patterns of the surrounding area; and
8. That there are no outstanding Code Enforcement issues associated with the subject property.
Conclusions of Law:
1. That the development proposal is consistent with the commercial dock review criteria as per CDC
Section 3-601.C.3; and
2. That the development proposal is consistent with the General Applicability criteria as per CDC Section
3-913.A.
APPROVAL
Based upon the above, the Planning Department recommends of the Flexible Development
application to permit the addition of a 460 square foot commercial dock/lift in conjunction with an existing
governmental use in the Tourist (T) District with an increase in the maximum length of the dock from 75
percent of the lot width (45 feet) to 90 percent of the lot width (54 feet), an increase to the maximum width
of the dock from 75 percent of the lot width (45 feet) to 83 percent of the lot width (50 feet) and a reduction
to the side (east) setback from six feet to zero feet, under the provisions of CDC Section 3-601.C.3.with the
following conditions:
Conditions of Approval:
1. That covered boat lifts are prohibited;
2. That signage be permanently installed on the docks or at the entrance to the docks containing wording
warning boaters of the existence of protected sea grasses and manatees in the vicinity; and
3. That a copy of the SWFWMD and/or FDEP Permit and any other applicable environmental permits,
Corps of Engineer's Permit and proof of permission to use State submerged land, if applicable, be
submitted to the Planning Department prior to commencement of construction.
Prepared by Planning Department Staff: __________________________________________
A. Scott Kurleman, Planner III
ATTACHMENTS: Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; Photographs of Site and
Vicinity; and Resume
S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\Bayway Blvd 700 Fire Dept (T) - 01-20-09 CDB - SK\Bayway
700 - Staff Report.doc
Community Development Board – January 20, 2009
FLD2008-11032 – Page 6 of 6
EXHIBIT: RULES OF PROCEDURE 2009-01-20
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
EXHIBIT: RULES OF PROCEDURE 2009-01-20
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
EXHIBIT: RULES OF PROCEDURE 2009-01-20
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
EXHIBIT: RULES OF PROCEDURE 2009-01-20
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. Visual Electronic Presentations
Applicants and members of the public may present a visual electronic (e.g. 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 visual electronic 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 visual electronic presentation (excluding video
presentations) 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
EXHIBIT: RULES OF PROCEDURE 2009-01-20
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
Cross Examination of witnesses by Persons with Party Status (3 Minutes unless
extended by the board
Comments by the Public
City of Clearwater – Community Development Board – Rules of Procedure – Page 5
EXHIBIT: RULES OF PROCEDURE 2009-01-20
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
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
City of Clearwater – Community Development Board – Rules of Procedure – Page 6
EXHIBIT: RULES OF PROCEDURE 2009-01-20
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.
Section 3. Reconsideration or Rehearing
City of Clearwater – Community Development Board – Rules of Procedure – Page 7
EXHIBIT: RULES OF PROCEDURE 2009-01-20
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
4. Approved May 20, 2003 by the CDB
Article VI, Section 1, Board Decision
City of Clearwater – Community Development Board – Rules of Procedure – Page 8
EXHIBIT: RULES OF PROCEDURE 2009-01-20
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
EXHIIBIT: RULES OF PROCEDURE 2009-01-20 - MEMO
To: Community Development Board Members
From: Gina L. Clayton, Assistant Planning Director
Date: January 05, 2009
RE: Proposed Amendment to CDB Rules of Procedures
The Planning Department presented amendments to the Board’s Rules of Procedures at the
December 2008 meeting that would allow applicants and the public to make PowerPoint
presentations before the Board. After much discussion the Board directed staff to revise the
procedures to use the term “visual electronic presentations” instead of “PowerPoint
presentations.” Additionally, staff has added a provision that excludes the requirement of a
printed handout for video presentations since such handout cannot be produced. Attached please
find the requested revisions, as well as an informational guide that will be provided to applicants
and the public wishing to make visual presentations before the Board.
Attachments
~ Clearwater
u
Interdepartmental Correspondence Sheet
TO:
Community Development Board Members
FROM:
Robert Tefft, Development Review Manager
COPIES:
Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist;
Sue Diana, Assistant City Clerk; Pat Sullivan, Board Reporter
SUBJECT:
DATE:
Agenda Items for January 20, 2009
January 7, 2009
CDB packets being distributed on contain the following items:
Agenda
Unapproved minutes of previous meeting December 16,2008
Level Two Application (Item 1 ):
1. Case: FLD2008-ll 032 - 700 Bayway Boulevard
,/ Yes no
v
Director's (Items 1.,.2):
1. Proposed Amendment to Board Rules of Procedures Regarding Visual Electronic
Presentations
2. 2009 Holiday Luncheon
Signature:
Date: /-11-01
S:IP/anning Depor/men/IC D BlAgendas DRC & CDBlCDBI2009\O/ January 20.20091/ Cover MMO /.20.2009.doc
~ Clearwater
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Interdepartmental Correspondence Sheet
TO:
Community Development Board Members
FROM:
Robert Tefft, Development Review Manager
COPIES:
Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist;
Sue Diana, Assistant City Clerk; Pat Sullivan, Board Reporter
SUBJECT:
DATE:
Agenda Items for January 20, 2009
January 7, 2009
CDB packets being distributed on contain the following items:
Agenda
Unapproved minutes of previous meeting December 16,2008
Level Two Application (Item 1 ):
1. ,Ca{14LD2008-11 032 - 700 Bayway Boulevard
Vy~; no
Director's (Items 1-2):
1. Proposed Amendment to Board Rules of Procedures Regarding Visual Electronic
Presentations
2. 2009 Holiday Luncheon
Signature:
erties.
p~(< L.. :D,q.-z/7--r.<2-
PRINT NAME
S:IPlanning DepartmentlC D BlAgendas DRC & CDBlCDB12009\01 January 20.2009\1 Cover MMO 1.20.2009.doc