HomeMy WebLinkAbout1998 08 05 Regular Item B
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327.1800
Community Development
PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY
AGENDA ITEM
II. B.
DISCUSSION WITH BOB GUTHRIE OF THE DRAFT
BYLA WS/RULES OF PROCEDURE
Staff Report
Bob Guthrie indicated he will attend the August 3'd meeting with the Board to discuss the
Rule of Procedure portion of the draft document.
The accompanying draft includes the changes that the Board made at the July I" meeting
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City of Winter Springs Planning & Zoning Board I Local Planning Agency
Bylaws and Rules of Procedure
LOCAL PLANNING AGENCY /
PLANNING AND ZONING BOARD
BY-LAWS IN THE CONDUCT OF MEETINGS
AND BUSINESS OF THE BOARDS
PURPOSE AND INTENT
It is the purpose and intent of these By-Laws to set forth a unifonn set of ntles of
procedure whereby the City of Winter Springs Planning and Zoning Board/Local
Planning Agency may regulate the manner in which it elects officers, conducts meetings,
and otherwise carries out its designated ftmctions. The Planning & Zoning Board shall
consist of five (5) members having designated seats one (I) through five (5) with such
numbers corresponding with the City Commission seat. Each member shall be a citizen
and registered voter ofthe City. The Planning & Zoning Board shall serve as the Local
Planning Agency. It is ftlliher the intent of these By-Laws to serve as a guideline in the
conduct of the business and affairs peliaining to the Planning & Zoning Board! Local
Planning Agency.
ARTICLE I
GENERAL GOVERNING STATUTES, ORDINANCES,
AND RULES
The Planning and Zoning Board/Local Planning Agency shall be governed by all of the
following statutes, ordinances, and rules:
1.1. Applicable State Statutes and Local Ordinances and Rules.
To the extent that they remain in force and effect, as they are amended, or as they
may be added to, the board and its members and officers shall be governed by
. state statutes and local ordinances including the following:
Planning & Zoning Board I
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Bylaws as of July 28, 1998
revised fr01l17/1/98
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City of \Villler Springs Planning & Zoning Board I Local Planning Agency
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a. State statutes applying generally to public boards, members, and officials,
including:
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Alticle I, Section 24, Florida Constitution
Chapter 112 F.S. "Public Officers and Employees"
Chapter 119 F.S. "The Public Records Law"
Chapter 286 F.S. "Government-in-the-Sunshine Law"
*
*
*
b. State statutes relating to activities of Planning and Zoning Boards and
Local Planning Agencies in relation to planning and zoning, including:
*
*
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163.3174 F.S. "Local Planning Agency"
Chapter 187 F.S. "State Comprehensive Plan"
Chapter 163 Part II "Local Government Comprehensive Planning
and Land Development Regulation Act"
Chapter 166 "Municipal Home Rule Power Act
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c. Ordinances and rules of the City of Winter Springs generally affecting its
local boards and officials, including:
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Sec. 20-5 I City Code "Zoning"
Chapter 9 City Code "Land Development"
Chapter 15 City Code "Planning"
Chapter 16 City Code "Signs and Adveltising"
Chapter 8 City Code "Flood Damage Prevention"
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*
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d. The Zoning Ordinance of the City of Winter Springs:
e.
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Chapter 20 City Code "Zoning"
The Rules of the Board, as set forth herein. l (.....C-""'IN~ -l" e( S'L)
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1.2. Requirements for adherence with State Statutes and Local Ordinances and Rules
Affecting the Board.
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Bylaws as of July 28. 1998
revised from 7/1/98
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City of Winter Springs Pbnning & Zoning Board / Loeal Planning Agency
Bylmvs and Rules of Procedure
Upon taking office, all members of the board should familiarize themselves with
the foregoing, and, while in office, members should maintain such knowledge,
including knowledge of amendments and additions, and shall be strictly govemed
thereby in the conduct of board affairs.
1.3. Rules ofthe Board to be Available to Public in Board Office.
A certified official copy of rules of the Board, in current fonn, shall be available
in the office of the board as a public record. Additional copies shall be provided
to members of the board and made available to the public on request, but the
official copy in the board's office shall govem. No amendment to these mles
shall become effective until incorporated in the official copy.
1.4. Board Office.
The office of the Board shall be at Winter Springs City Hall, 1126 East State
Road 434, Winter Spl;ngs, FL 32708. The office hours are nonnally from 8:00
a.m. to 5:00 p.m. weekdays, except legal holidays.
ARTICLE II
DUTIES
The Planning and Zoning Board / Local Planning Agency shall, among other things, assimilate
existing plans, prob'Tatns, and policies; statistical and other factual data; recognized planning
principles and standards; citizen needs, desires, attihldes and any other infonnation deemed
necessary to fonnulate and make recommendations on matters involving the Comprehensive
Plan and Land Development Regulations.
2.1. The Planning and Zoning Board shall have the general responsibility to:
2.1.1 Act in an advisOl)' capacity to the City Commission on questions relating to
zoning; the boundaries of the Vat;ous original zoning districts and appropriate
regulations to be enforced therein; review and make recommendations on
applications for amendments to the Zoning Ordinance to the City Commission.
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Said recommendations shall state whether or not said amendment is consistent
with the adopted Comprehensive Plan or element or portion thereof.
2.1.2. Review and make recommendations to the City Commission on site plan,
subdivision, PUD development proposals, annexations to the City Commission.
2.2. The Local Planning Agency (LPA) shall have the general responsibility for the
conduct of the comprehensive planning program. Specifically, the LPA shall:
2.2.1. Be the agency primarily responsible for the preparation of the comprehensive
plan or plan amendment and shall make recommendations to the goveming body
regarding the adoption or amendment of such plan. DUling the preparation of the
plan or plan amendment and prior to any recommendation to the City
Commission, the LP A shall hold at least one public hearing, with public notice,
on the proposed plan or plan amendment. The City Commission in cooperation
with the LPA may designate any agency, committee, department, or person to
prepare the comprehensive plan or plan amendment, but final recommendation of
the adoption of such plan or plan amendment to the City Commission shall be the
responsibility of the LPA
2.2.2. Monitor and oversee the effectiveness and status of the comprehensive plan and
recommend to the City Commission such changes in the comprehensive plan as
may ii-om time to time be required, including preparation of the periodic reports
(Evaluation and Appraisal Reporis) required by ]63.3]91 F.S.
2.2.3. Review proposed land development regulations, land development codes, or
amendments thereto, and make recommendations to the City Commission as to
the consistency of the proposal with the adopted comprehensive plan, or element
or portion thereof. To conduct investigations on matters or proposals to change
land development regulations.
Planning & Zoning Board I
Local Planning Agency
Bylaws as or July 21<, 1998
revised (i.om 7/1/98
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City of Winter Springs Planning & Zoning Board / Local Planning Agency
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ARTICLE III
MEMBERS
3.1. Number of Members; Appointment; Qualifications; Tenns; Compensation;
Procedure for Removal; Procedure for Filling Vacancies; and Tenns of Members
Appointed to Fill Vacancies. .
3.2 Nmnber of members; Appointment; qualifications; tenns; compensation;
procedure for removal; procedure for filling vacancies; and tenns of members
appointed to fill vacancies shall be provided in:
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Sec. 20-52 Zoning Ordinance
Sec. 20-53 Zoning Ordinance
3.3. Cause for Removal from Board.
Causes for removal of members from the Board by the City Commission shall
include malfeasance, misfeasance, or nonfeasance, as defined by law, generally,
and in particular may include:
a. Failure to attend three (3) meetings within any twelve (12) month period
of time.
b. Failure to disclose conflict of interest, as defined by either state law or the
legal definitions including percentages.
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Chapter 286 F.S. "Govemment-in-the-Sunshine Law".
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Chapter 1 ] 2 F.S. "Standards of Conduct for Public Officials".
3.4. Resignations, Generally, and by Absence.
When members propose to resign, if reasonably feasible, they shall give notice
of their intent to the chainnan or secretmy, or make the date of resignation
effective, in such a manner as to allow time for appointment of replacements.
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3.5.
Vacation of Office.
When a member dies or resigns, the secretary shall promptly indicate to the City
Commission that a vacancy exists. When a member becomes incapacitated for
office pennanently or for what appears likely to be a protracted period, or
moves from the jurisdiction, or becomes for any other reason no longer
qualified for office, and fails to resign, the chainnan shall cause any necessaty
investigation to be made and if appropriate shall declare the office vacant, and
the secretary shall promptly indicate to the City Commission a vacancy exists.
ARTICLE IV
OFFICERS, COMMITTEES, STAFF, DUTIES
4.1. Regular Election of Chainnan, Vice-Chainnan; Provisions for Contingencies;
Continuation of Service Until Successors Take Office.
4.1.1. Annually, as the first item on the agenda at the regular meeting of the Board in
the month of August, the Board shall elect a chainnan and vice-chainnan. If such
regular meeting is cancelled or a qllolllln is lacking, the election shall be held as
soon thereafter at the next regular meeting provided that if no such election is
held within 60 days of the date when generally required, the secretary shall notifY
the City Commission, which shall appoint a chairman and vice-chainnan to serve
until an election can be held. The prior chairman and acting chairman shall
remain in office until their successors take office at the next regular or special
meeting following their election or appointment.
4.1.2. If the chainnan resigns his office or becomes no longer a member of the Board,
the vice-chainnan shall succeed him in office for the remainder ofthe tenn. If the
vice-chainnan resigns his office, becomes no longer a member of the Board, or
sllcceeds to the chainnan's office, a special election shall be held at the next
regular meeting of the Board to select a vice-chainnan to complete the tenn.
Provided that if such regular meeting is one immediately preceding the regular
election, the Board may pennit the office of vice-chairman to remain vacant for
the period, provided any duties to be pelfonned by the vice-chainnan in the
intelVening peliod can be perfonned in a satisfactOlY manner.
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revised (hml 7/1/98
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4.2.
Duties of Chainnan and Vice-Chainnan; Appointment of Temporary Chainnan
to Preside at Meetings.
4.2.1. Presiding at Meetings.
4.2.1.1.
4.2.1.2.
4.2.2.
4.2.3.
If present and able, the chainnan shall preside at all meetings, hearings,
and workshops. If the chainnan is absent or unable to preside, the vice-
chainnan shall preside. If both are absent or unable to preside, the
members present shall appoint a temporary chainnan to preside.
In accordance with these and other applicable mles, the presiding officer
shall decide all points of procedure or order, unless otherwise directed by
a majOlity of the members in attendance on motion duly made and passed.
He shall maintain order and decomm, and to that end may order removal
of disorderly or disruptive persons. He shall administer oaths to all
witnesses, or alTange for such oaths to be administered.
Other Responsibilities and Duties of Chainnan; Delegation to Vice-
Chainnan.
The chainnan shall have further duties and responsibilities, as indicated
below. He may delegate specific duties generally to the vice-chainnan or
may authorize the vice-chainnan to perfolll1 specific duties, during his
absence from the jurisdiction or in case of his other disability to perfonn
necessary Board functions in a timely manner. The vice-chainnan shall
perfonn all duties so delegated, and in case of absence or incapacity of the
chainnan shall pelfonn any or all duties of the chainnan whether or not
delegated.
Managerial Responsibilities.
Subject to these rules and fllliher instructions from the Board, the
chainnan shall direct the official business of the Board, oversee the work
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of the secretaJY as it relates to the affairs of the Board, request needed
assistance, confer with the City Manager on work of the staff.
4.2.4.
Reporting to the Board; for the Board.
The chainnan shall report to the Board on all official transactions which
have not othelwise come to the attention of the Board. The chainnan shall
also make or cause to be made any repOJ1s conceming the affairs of the
Board required or requested by the City Commission.
4.3. Appointment of SecretalY.
4.3.1.
Appointment.
The SecretalY to the Board shall be appointed by the City Manager and
shall be a member of the City staff.
4.3.2.
Duties of the Secretary.
The Secretary shall in general attend to all correspondence of the Board;
send out or cause to be published all notices required; attend all meetings
of the Board and all healings (except when excused by the chainnan of the
Board and with tempormy services aITanged); compile all required
records; maintain the necessalY schedules, files; and generally pelfonn all
clelical work of the Board.
4.3.3.
Minute Book; Minutes a Public Record.
TIle Secretary shall maintain a minute book which shall be kept posted to
date. In the minute book shall be recorded the Board's proceedings,
showing attendance and all absences, and disqualification of members, the
record of its examinations and all other official actions, and the vote of
each member voting on evelY question. The minutes of the Board shall be
a public record, kept in the office of the Staff member serving as SecretalY
to the Board.
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n:\'iscd from 7/1/98
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4.3.4.
The Secretaty shall h.ansmit to the City Commission in writing all the
recommendations of the Planning and Zoning BoardILocal Planning
Agency.
4.3.5.
Notification of Expiration ofTenns of Members; Vacancies.
The secretmy shall notify the board member sixty (60) days in advance of
tenn expiration. At least sixty (60) days prior to expiration of tenns of
members, and as promptly as feasible where a member resigns with a
deferred effective date or when a member's office is vacated, as provided
at Section 2.4 of these rules, the SecretaI)' shall notify the City
Commission that a vacancy exists and request the appoinhnent of a
successor.
4.4. Staff to the Board.
The Board shall have access to the infonnation and staff of all the departments
of the City govemment on such a basis as these departments are able to render
assistance to the Board; provided, however, the Community Development
Coordinator and Land Management Specialist shall serve as the Plimaty
professional staff of the Board.
4.5. Legal COlmsel.
The City Attomey should provide legal advice requested by the Board through
the City Manager to the Board as to matters under its jUlisdiction and may assist
in interrogating witnesses. Advice of counsel should be received and entered in
the minutes before disposition of any question of law or matter requiring legal
interpretation or advice.
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Local PhuUling Agency
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revised from 7/1/98
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City of Winter Springs Planning & Zoning Board / Local Planning Agency
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ARTICLE V CONDUCT OF BOARD MEMBERS, STAFF
5.1. Representation of Applicants.
No member of the Board, or of its staff, shall represent applicants on matters on
which the Board is to make detemlinations.
5.2. Conflict ofInterest.
Board members shall disclose any conflict of interest as defined by state law and
shall disclose any known or apparent conflict to the Board. Staff to the Board
shall disclose any conflict of interest as defined by state law, and shall disclose
any known or apparent conflict to the Board.
5.3. Expressions of Bias, Prejudice, or Individual Opinion Plior to Hearing and
Detemlination.
5.3.1 No member shall discuss the case with any other parties Plior to the public
hearing, or express any bias, prejudice, or individual opinion on proper
judgement of the case Plior to its hearing and detennination. Violation of this
mle may be grounds for dismissal fi.om the Board.
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5.3.2 In the event of anY~lte communications, Plior to the public hearing, the
board member shall disclose ~~ at the time the matter/issue is addressed by
the Board. 'S:r('l'\'<...
5.4. Members Not to Vote Unless Present at Public Hearing.
No Board member shall vote on any matter, deciding an (or a continued)
application or appeal, except after attending the public hearing on the (or
continued) application or appeal or upon a review of the record of the meeting.
Planning & Zoning Board I
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Bylaws as of July 28, 1998
revised Irom 7/1/98
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City of Winter Springs Planning & Zoning Board / Local Planning Agency
Bylaws and Rules of Procedure
ARTICLE VI APPLICATIONS; FILING; TIME LIMITS; INFORMATION
REQUIRED; EFFECTS OF FAILURE TO PROVIDE
REQUIRED INFORMATION; ORDER AT HEARINGS;
PUBLIC NOTICE; DECISIONS.
6.1. Powers of the Board; Limitations; Procedures, Generally.
The Board shall have all and only such powers as are delegated to it by state
enabling legislation and by the Zoning Ordinance and shall exercise such powers
only in the manner, for the purposes, and in accordance with the procedures set
forth therein.
6.2. Filing Applications; Fonns.
All application fOllllS shall be filed with the Community Development
Department. In addition to infonnation required to identifY persons and property
involved, date and time of filing, and the like, such fonllS shall make reference to
other requirements of application indicated in Chapter 9 "Land Development".
6.3. Preliminary Detenninations on Applications Submitted for Filing; Deficiencies in
Infonnation Supplied.
When applications are submitted for filing, they shall be examined for
completeness and accuracy, and patticularly to detennine whether all infonnation
necessary to make de'tenninations has been supplied as per requirements of
Chapter 9 "Land Development". Where infonnation is lacking or inadequate at
time of submission and the deficiency cannot be remedied immediately, the
applicant shall be notified by City staff in writing as to the nature and extent of
such deficiency and i,>iven a reasonable time to resubmit.
6.4. Time Limits on Public Hearings, Notice, Decisions.
6.4.1. Applications should be heard at public meetings within thirty (30) days of the
date of review by the Development Review Committee, and decided at the same
meeting, at the next regular meeting of the Board, or at a special public meeting
Planning & Zoning Board /
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prior to such regular meeting, but in any event within ninety (90) days of the
meeting at which the hearing on the particular case was concluded, unless the
Board detennines the application was not completed.
6.4 .2. Timing and manner of publication of public notice for such hearings shall be as
provided in the Zoning Ordinance in Sec. 20-59 City Code, Chapter 9 City Code,
9J-l1.003 FAC. as may be appropriate depending on the nature of the case. In
addition, at least 10 days in advance of the hearing, written notice shall be given
to parties in interest and to other persons required by the ordinance to be
specially notified.
ARTICLE VII
MEETINGS, HEARINGS, GENERALLY.
7.1. Regular Meetings.
Regular meetings of the Board shall be held at 7:00 p.m. at the City Hall City
Commission Chambers on the first Wednesday of the month; provided that such
meeting may be held at any other convenient place and time if directed by the
chainnan within a reasonable time in advance of the meeting or upon a finding
that such other location would serve public convenience or necessity.
7.2. Special Meetings.
7.2.1. Special meetings for any purpose may be held at the call of the chainnan, or by
three (3) members of the Board. At least fOlty-eight (48) hours wlitten notice of
the time and place of any special meeting shall be given by the Secretary except
where written waivers of notice are filed by all members required to provide a
quomm and in attendance at such meeting.
7.2.2. Call of a special meeting at a specified time and place and for specified purposes
at a regular meeting shall be notice thereof as to members in attendance at such
regular meeting, but other members shall receive W1itten notice thereof
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7.2.3. If a special meeting is called on a case or cases subject to notice of healing, the
required notice provisions for the healing shall be met.
7.3. Recess or Adjournment.
Any regular or special meeting may be recessed or adjourned from day to day,
or to the time of any previously announced regular or special meeting, and such
recess or adjournment to a time and place certain shall not require additional
public notice.
7.4. Cancellation.
If no business is scheduled before the Board, or if it is apparent that a quonlln
will not be available, any meeting may be cancelled by having the secretary give
notice to all members before the time set for such meeting.
7.5. Quomm.
A quonlln of the Board shall consist of three (3) members.
7.6. Public Meetings of the Board; Notice; Other Activities of the Board; Schedule.
7.6.1. All meetings of the Board involving heating of evidence ancl/or decisions of the
Board shall be public, with reasonable notice as required by law.
7.6.2. Meetings for the conduct of other business of the Board, including trips for
viewing premises, shall require f0I111al public notice, and shall be scheduled at
least seven (7) days in advance, with the schedule posted in the Lobby of City
Hall and mailed to the Board.
7.7. Agenda, Order of Business.
The City staff shall prepare an agenda and suppOIiing matelials for each Board
meeting. Order of business shall be as follows:
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I. CALL TO ORDER
Roll Call
Pledge of Allegiance
Approval of Minutes
II. REGULAR AGENDA ITEMS
ITL UNFINISHED BUSINESS
IV. FUTURE AGENDA ITEMS
V. ADJOURNMENT
The Chainnan, if there is no objection or with the conCUITence of the Board, may
consider items on or added to the agenda in any order for the convenience of the
public or the Board.
ARTICLE VIII.
PROCEDURES AT PUBLIC HEARINGS
8.1. Rules of Procedure.
8.1.1. The Rules of Procedure set fmih below are applicable to the Board when serving
in a Quasi-Judicial capacity concerning zoning/comprehensive plan related
matters. For non-quasi-judicial matters, the rules of procedure for the conduct of
meetings shall follow Robert's Rules of Order.
8.1.2. The definition of "Quasi-Judicial" and "zoning/comprehensive plan related
matter" are found in Appendix "A" of this document.
8.2. Conduct of Board lnvolving a Quasi-Judicial Proceeding.
See Appendix "B" and Appendix "C"
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8.3. Who May Appear or Be Represented.
At the hearing, any person may appear or be represented by authOlized agents or
attorneys. Upon request of the Board, such agents or attorneys shall present
proof of their of their authorization.
8.4. Witnesses to TestifY Under Oath.
All witnesses to matelial facts shall testifY. under oath, to be administered by the
chair. Such oath administered shall state:\\Do you swear or affinn to tell the
tTIlth, the whole truth, and nothing but the tl1lth ? //
8.5. Order for Presenting Evidence.
1. The chair, or such persons as he/she may direct, describes the nature of
the case, and evidence available to the Board is presented, including staff
reports.
2. The applicant or authorized representative may outline the nature of the
request prior to introducing evidence. The chair may restate the case if
this initial statement needs clmification.
3. Applicant presents evidence.
4. Objectors cross-examine.
5. Board members examine witnesses for applicant's side.
6. Objectors present evidence.
7. Applicants cross-examine.
8. Board members examine witnesses for objector's side.
9. Rebuttal by applicant.
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10. Rebuttal by objectors.
11. The Board reserves the right to recall and re-examine any witness or
inquire of staff regarding any issue or document before the Board in the
Public Hearing.
8.6. Evidence.
TIle Board shall not be bound by strict mles of evidence, not limited to
consideration of such evidence as would be admissible in a court of law, but it
may exclude ilTelevant, immaterial, incompetent, or unduly repetitious testimony
or evidence. The chair shall rule on all questions relating to the admissibility of
evidence, but may be ovelTuled by a majOlity of the Board members present.
[See Appendix A and C]
8.7. Conduct During He3lings; IntelTogations.
During the hearing, each side shall proceed without intelTllPtion by the other. All
arguments and pleading shall be addressed to the chair. There shall be no
questioning or argument between individuals in the audience. The chair or Board
members, counsel to the Board, or staff may direct any questions to the applicant,
witnesses, or any person speaking fi'om the audience, to bling out peliinent facts.
TIle chair or Board members may call for pertinent facts fi'om the staff, or make
appropliate comments peltinent to the case. No Board member should debate or
argue with persons in the audience.
ARTICLE IX
FINDINGS AND DECISIONS
After conclusion of the hearing on the matter, within the time limits set by Section 5.4 of
these Rules, the Board shall examine the evidence before it in relation to findings
required and make its decision. More p3lticularly:
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9.1.
Timing of Decisions.
With due consideration to the length of the agenda, the nature of the case, the
complexity of the evidence, and the findings required, the chair may elect, subject
to being overl1lled by a majority of the Board in attendance on motion duly
passed:
a. To proceed immediately to detennination and decision on conclusion of
the he3Iing in the palticular case, or
b. To defer detennination and decision until later in the same meeting, or
c. To defer detennination and decision until a specified special or regular
meeting of the Board within a reasonable time.
9.2. Findings and Decisions.
All such decisions of the Board shall be made at a public meeting by motion
made and seconded and by roll call vote. The motion shall be in the fonn of
findings offact and shall state the reasons for the findings by the Board.
[See Appendix C]
ARTICLE X
NOTIFICATION OF DECISION
The Board shall cause notice of the Board~s decision to be given to the applicant and to
other interested parties who have requested such notice, as soon as reasonably possible
after the decision is reached, generally no later than twenty (20) days.
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ARTICLE XI
RECORDS OF CASES
11.1 Content of Records of Individual Cases.
The decision of the Board shall be shown in the record of the case. Such record
shall show the reasons for the detennination, with a summary of the evidence
introduced and relied on by the Board.
11.2. Records to be Entered in Minutes of the Board; Advance Disnibution of Draft
Minutes to Board Members; Approval; Authentication.
11.3 Such record shall be entered in the minutes of the Board. A draft of proposed
minutes containing such records shall be transmitted to each Board member a
reasonable time in advance of the meeting at which they are to be considered for
approval. Following approval, as submitted or as amended, the minutes shall be
acknowledged as to accuracy by the si/:,'11ature of the chainnan.
ARTICLE XII
REQUESTS TO WITHDRAW APPLlCA nONS;
TO DEFER OR CONTINUE HEARINGS
12.1. Withdrawal.
On written request fiom the applicant, or authOlized agent, an application may be
withdrawn at any time before the Board makes its decision in the case. If such
request is made less than five days before the scheduled publication of the public
notice, limitations on re-submittal of substantially the same application shall be
the same as in the cases where applications are denied.
12.2. DefelTals and Continuances.
On its own motion, or on approval of requests by applicants, or their authOlized
agents, the Board may defer the hearing of cases or provide for later continuance
of cases on which heatings have begun. Such defelTals or continuances shall be
pennitted only for good cause, stated in the motion, and unless time and place is
stated, shall require new public notice.
PlmUling & Zoning Board I
Local Planning Agency
Bylaws as of July 28. 1998
r.:\'is.:d from 7/1/98
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City of Win!cr Springs Planning & Zoning Board / Local Planning Agcncy
Byla\\'s and Rules of Proccdure
ARTICLE XIII AMENDING OR WAIVING RULES
These mles may be amended by a majority of the entire membership of the Board
except where such amendment would be contrary to requirement or limitation set by
state law or the Zoning Ordinance. An amendment may be proposed at any regular
meeting of the Board, and shall not be acted upon until the following regular meeting.
Notice of a proposed change to these rules shall be given by submitting the amendment
to the Board at the previous meeting of the one at which it is to be considered.
ARTICLE XIV
UNADDRESSED SITUATIONS AND CONTENT
For those situations and content that are not addressed by these rules, then the
procedures and requirements of Robe It'S Rules of Order shall apply.
Planning & Zoning Bonrd I
Local Planning Agency
Byl:lWS as of July 28, 1998
revised from 711/98
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City of Winlcr Springs Planning & Zoning Board I Local Planning Agency
Bylaws and Rules of Procedure
APPENDIX "A"
DEFINITIONS
APPLICATIONS - The application fonna and all accompanying documents and
exhibits required of an applicant by an approving authOlity for development review.
ARBITRARY AND CAPRICIOUS - means a standard used by courts to review
appeals ofland use decisions. If a decision is not suppOlied by facts, it will be arbitrary
and capricious.
APPEARANCE OF FAIRNESS DOCTRINE - Actions which create a true or false
impression that a local official is not being fair when making a land use decision.
Examples of actions that may violate the appearance of fairness include unrevealed ex-
parte contact, personal or monetmy interest in the outcome of a request, unfair hearings,
pre-judgment and apparent hostility or favoritism toward a party.
BOARD - means the City of Winter Springs Planning and Zoning Board and Local
Planning Agency.
CASE - A zoning/comprehensive plan related matter involving a public healing where
the Board considers site-specific zoning changes, site-specific comprel}ensive plan
amendments, and other site-specific development orders based on the BoardFs findings.
COMPETENT SUBSTANTIAL EVIDENCE - means sufficiently relevant and
material evidence a reasonable mind would accept as adequate to suppoli a conclusion.
CROSS EXAM INA TI ON - Asking questions of a witness who has previously testified
for the other side. The questioning is done by one representing the opposing position.
DIRECT EXAMINATION - Asking questions of a witness by someone advocating
the same position.
Planning & Zoning Board I
Local Planning Agency
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Bylaws as of July 28, 1998
r~\'i~cd from 7/1/98
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City of Winter Springs Planning & Zoning Board I Local Planning Agency
Bylaws and Rules of Procedure
EX-PARTE CONTACT - Ex-Parte contacts are those that happen outside the hearing
between decision maker and an opponent or proponent of a land use proposal. ~Parre
~s JIlaY 0elafe ~A~ce-efFai~s dg.ctl:itte. Ex-Parte contacts may violate
the Appearance ofFaimess doctrine and due process oflaw requirements.
EXPERT - means a person who is qualified in a subject matter by knowledge, skill,
experience, training, or education.
FINDINGS OF FACT & CONCLUSIONS OF LAW - Wlitten sections ofa fonnal
decision that explain the basis for the decision. Findings of Fact are based on the facts
presented at the hearing, and Conclusions of Lavy apply legal cliteria to the facts
presented.
INTERESTED PARTY - means an individual, corporation, business or land tmst,
estate, trust, pattnership, association, or other legal entity whose interest may be
adversely affected by the Board's action.
PERSONAL INTEREST - When a local official has something to gain or lose by a
land use decision, as defined in Chapter 112 Florida Statutes. Personal interests may
include land ownership, employment oppOltunities, business competition, family
relationships and financial interests. Inappropliate personal interests may disqualifY one
from participating in a decision.
PROCEDURAL DUE PROCESS - The process used to reach a decision on a land
use request. It includes everything that occurs fi-OIn the time an application is filed until
the final decision is made.
SITE SPECIFIC - means a zoning/comprehensive plan related matter which has an
impact on a limited number of persons or propelty owners and include identifiable
parties and interests. Specifically not included is comprehensive rezoning or
comprehensive plan changes affecting a large pOltion of the public.
QUASI-JUDICIAL PROCEEDING - A process where a decision maker must make a
choice between competing positions and where the outcome will have a [,rreater impact
on one group of citizens than on the public generally. Quasi-Judicia) ~ frOIn, ()
IS ~~"-j-l SI--"
( 1l.lYv- .
Planning & Zoning Board I
Local Pkuming Agency
G
Bylaws as of July 28, 1998
r.:viscd from 7/1/98
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City of Winter Springs Planning & Zoning Board / Local Planning Agency
Bylaws and Rules ofProeedure
legislative proceedings in that legislative proceedings impact the community as a whole.
A local official may hear and decide both legislative and quasi-judicial matters. The
procedural requirements for land use decision making imposed by the courts apply only
to quasi-judicial matters. 10
(e-r'"'.,'{-"';' ~ p.t~<;: ai-- I............, ~ =- ~-i,,\-
QUASI-JUDICIAL -)Sde!YRrrtnedJrytM es~ n~ofthe Board's actions.
(a) ]fthe Board's actions are Quasi-Judicial, then:
I. all interested parties must be provided notice and hearing;
11. judgement of the Board is contingent on the consideration of
evidence made at a hearing;
Ill. the Board adjudicates Plivate lights of a pm1icular person
after a hearing; and
IV. the Board's decision is policy application rather than policy
setting.
(b) Quasi-J1Idicial shall include public hearings where vmiances,
special exceptions, site specific zoning changes, site-specific land
use amendments or other site-specific development orders are
considered.
(c) Quasi-Judicial does not include comprehensive rezoning or
comprehensive plan changes or land development affecting a large
p0l1ion ofthe public~C<.II?
RELEVANCY - refers to the nature of testimony and evidence offered dUling a public
hearing on a specific application. If testimony or evidence does not directly apply to the
decision at hand, it is ilTelevant and should not be considered in making the decision.
RIGHT TO BE HEARD - An element of procedural due process that allows every
person an opp0l1unity to present relevant written or oral testimony.
Planning & Zoning Board I
Local Planning Agency
o
Bylaws as of July 28, 199&
rc"is.:d from 71t198
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City or Winter Springs Planning & Zoning Board I Local Planning Agency
Bylaws and Rnles or Procedure
RULES OF EVIDENCE - Refers to a large body oflaw that seeks to control what can
be relied on to reach a decision and what cannot be relied on. The Rules of Evidence are
relaxed in land use hearings, but are useful references in the event there is a dispute
about the evidence presented.
SUBSTANTIVE DUE PROCESS - Refers to the impact of the decision or regulation
on an individual's propelty lights. It is violated by decision making that is arbitrary and
capricious or iITational, or that does not serve a legitimate goveIllmental purpose.
THE RECORD - All of the testimony, documents, wlitten matelials, displays and other
items that are received by the decision makers dllIing the course of public hearing.
Maintaining the records required by law is an essential element of procedural due
process. Failure to maintain a record required by law can invalidate a quasi-judicial
proceeding.
ZONING/COMPREHENSIVE PLAN RELATED MATTER - means a public
hearing where the Board considers site-specific zoning changes, site-specific
comprehensive plan amendments, and other site-specific development orders not
involving an application of policy.
PI arming & Zoning Board I
Local Plaruling Agency
Bylaws a~ of July 28, 1998
ro:\'is~'d lI.olll 7/1/98
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City of Winlcr Springs Planning & Zoning Board I Local Planning Agcncy
Bylaws and Rules of Procedure
A P PE N D I X "B"
)
CONDUCT OF THE BOARD
c:.
1. EX-PARTE COMMUNICATIONS: Ex-Part communications are
presmnptiveIy prejudicial because such communicatioy' provide Board Members
infonnation that may be relied on in a decision outside yfthe public hearing, where such
facts cannot be responded to or refuted by other ~rticipants in the public hearing
process. The Florida COl1l1s have declared Ex-Pa11 communications inappropliate for
quasi-judicial proceedings. As such:
a. All communications involving Board business must occur at the
public healing. Outside the public healing, Board members aI.e
prohibited fi'om discussing Board business with all interested
parties and/or their representative, lobbyists, other Board members,
or any other third pal1y.
L In the event a Board member receives a W1itten Ex-Pal1e
communication, that Board member shall immediately
submit the written communication to City staff so that it can
be placed on file and any interested pmry can have an
opp0I1unity to review its contents.
b. Board members may discuss Board business with City staff for the
purpose of clarifYing facts. However, Board members are
discouraged 11-OIn discussing the merits of Board business with City
staff.
c. If a Board member knows or has reason to know that an individual
or other entity may become an interested pat1y at a future date, that
Board member is prohibited 11-OIn discussing Board business with
that pm1y and/or their representative, lobbyists other Board
members, or any other third pm1y.
Planning & Zoning Board /
Local PlalUling Ag~ncy
(;)
Bylaws as or July 28, 1998
revised Irom 7/1/9H
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City of Winter Springs Planning & Zoning Board / Local Planning Agency
Bylaws and Rules of Procedure
d.
o\\...J +t--r- A ~'<-- ~"A~
Board members are prohibited liOln polling other Board members
to attempt in any way to aITive at a consensus of the members.
2. PERSONAL KNOWLEDGE: Board members may use their own personal
knowledge in deciding a specific case before the Board. However, such personal
knowledge should be recited in and made part of the record in a timely manner
which provides an opportunity for refutation by an interested party.
3. VOTING OF MEMBERS: Any Board member who was absent from a
prior meeting in which a specific case was heard shall review the record of
the prior proceeding and such review shall be acknowledged by the Board
member on the record prior to taking a vote with respect thereto.
PlaJUling & Zoning Board /
Local PlaMing Agency
~
Bylaws as of July 28, 1998
r..::\'is~J from 7/1/98
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City of Winter Springs Planning & Zoning Board / Local Planning Agency
Bylaws and Rules or Procedure
A P PEN D I X "e"
EVIDENTIARY REQUIREMENTS
1. BURDEN OF PROOF: The burden of proof in Quasi-Judicial hearings
concerning zoning/comprehensive plan related matters shall be in
accordance with all applicable local, state, and federal law. However,
notwithstanding the foregoing, the burden of proof shall lie as follows:
a. The initial burden is on the landowner to demonstrate that his
petition or application for use of privately owned lands (rezoning,
site plan approval, etc.) complies with the reasonable procedural
requirements of the Zoning Ordinance and that the proposal is
consistent with the Comprehensive Plan;
b. Upon ~ showing by the landowner, the burden shifts to tI.re "''"I'
0~4-~ ~to demonstrate that maintaining the existing zoning/land use
cf~~~-~ l\ro..eW- classification with respect to the propeliy accomplishes a legitimate
~ e;~ ~purpose ~the decision is not arbitrary, discliminatOlY
I~ / or unreasonabre~cdfis~tent with the Comprehensive Plan and
applicable regulation~ The Board must make findings and
conclusions fi'om the record to SUPPOlt its conclusion to approve or
deny an application.
.:{S-p,.,J~
c. After such showing~he Board, the landowner's only recourse is
to asselt and prove that the actions of the Board in denying the
petition or application are confiscatory and thereby constitutes a
taking.
2. BASIS FOR BOARD DECISION MAKING: The Board is not required
but encouraged to make findings of fact in a Quasi-Judicial proceeding
involving a zoning/comprehensive plan related matter. However, the
following shall be applicable in the Board's decisionl1laking process:
Planning & Zoning BO:lrd I
We:l.] Planning Agency
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Bylaws as of July 28, 1998
r~\'is.::d from 7/1/98
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City of Willler Springs Planning & Zoning Board I Local Planning Agene)'
B)'laws and Rules of Procedure
a.
All interested pmties should be given a full and fair opportunity to
express their views.
1;" The Board must have before it competent substantial evidence ;$1.UPPOlt
its findings and judgment which also must be in accord withAessential
requirements oflocal, state, and federal law,
c, While the Board should hear the objections of interested parties, the
Board's judb'lnent must be based on the facts adduced, and not on
the mere polling of interested patties.
1, The function of a quasi-judicial board is to make a
detennination on the basis of facts adduced and upon
relevant principles.
11, The melits of an application must be suppOlted by the facts
and the Comprehensive Plan,
3, LAYMAN AND EXPERT WITNESSES: The following mles of
evidence shall serve as a Board's guideline when detennining how much
weight should be afforded the testimony received in a Quasi-Judicial
proceeding,
a, General, The Board shall not consider the testimony of a witness
unless:
1,
the witness has personal knowledge of the fact in which the
witness will testify to, and
11,
in the case of testimony consisting of opinions or inferences,
the testimony is qualified under parab'l'aph 3.b. or 3,c.
Planning & Zoning Board 1
Local Plmming Agency
Bylaws as of July 28, 1998
revised from 7/1/98
~ City of Wimcr Springs Planning & Zoning Board / Local Planning Agcncy
Bylaws and Rules of Procedure
b. Lavman Witnesses. Testimony of a witness other than an expert
witness is qualified under this para~'faph (b) only if
1. the witness cannot readily, and with equal accuracy and
adequacy, communicate what he perceived to the Board
without testifYing in the fOIl11 of opinions or inferences; and
n. the opinions and inferences do not require a special
knowledge, skill, expelience or training.
c. Expert Witnesses. Testimony of an expeli witness IS qualified
lmder this paragraph (c) only ifthe Board detell11ines:
I. whether the subject matter is proper for expeli testimony
because scientific, technical, or other specialized skill will
help the Board understand the evidence being presented, or
help to establish a fact in issue; and
11. whether the witness is adequately qualified to express an
opinion on the matter.
d. Oualifving a Witness as an Expeli. For purposes of paragraph (c)
of this section, a witness is qualified as an expelt witness only if the
~V J3ooft! detellllines so in accordance with the following procedure:
I. an interested patty has the burden of requesting, and this
request shall be made plioI' to protfeling the testimony, the
~d to make a detell11ination the witness is an expeli;
ch<:.. ~ C:.hc...,\{
n. by majOlity vote, the .];Warcr will detell11ine whether the
witness satisfies the clitelia in 3.c. supra;
el~n~~n28~ !gg~ng Board /
Local Planning Agency
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City of Wimer Springs Plmllling & Zoning Board / Local Planning Agency
Bylaws and Rules of Procedure
ilL if the Board detellllines the witness is qualified to testify as
an expert, the witness will testify and be cross-examined for
the record and the Board may i,rive weight and consideration
to the expeI1's opinion.
IV. if the Board detellllines that the witness does not qualify to
testify as an expel1, or if an interested pany fails to request
the Board to detelllline the qualifications of the expel1 in
accordance with this paragraph, the wihless may still testify
and be cross-examined for the record, however, the Board
shall not give any weight or consideration to the opinion of
the witness.
4. QUALIFICATIONS OF CITY STAFF. City staff members
testifying before a Board in a Quasi-Judicial proceeding must:
a. state for the record their qualifications, or
b. place on record a resume listing their qualifications.
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