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MEETING DATE:
AGENDA ITEM:
CASE:
ORDINANCE NO.:
REQUEST:
INITIATED BY:
BACKGROUND:
PLANNING & DEVELOPMENT
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
September 17, 2013
F-1
TA2013-08006
8478-13
Amendments to the Community Development Code
City of Clearwater, City Attorney's Office
This Ordinance provides that new members of the Community Development Board, Municipal
Code Enforcement Board, and Building/Flood Board of Adjustment and Appeals be registered
voters in the City of Clearwater. The Ordinance was drafted at the direction of the City Council.
ANALYSIS:
Proposed Amendments:
Proposed Ordinance No. 8478-13 includes the following amendments:
1. Amends Section 5-202 to provide that new members and alternate members who are
appointed as regular members, of the Community Development Board must be registered
voters in the City of Clearwater. The provision does not apply to reappointment of
current members;
2. Amends Section 5-402 to provide that new members of the Municipal Code Enforcement
Board must be registered voters in the City of Clearwater. The provision does not apply
to reappointment of current members;
3. Amends Section 47.031 to provide that new members and alternate members who are
appointed as regular members, of the Building/Flood Board of Adjustment and Appeals
must be registered voters in the City of Clearwater. The provision does not apply to
reappointment of current members.
Community Development Board — September 17, 2013
TA2013-08006 — Page 1
t C�QRI 1T L�ll.� Community Development Code Amendment P�NNING & DEVEIOPMENT
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CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following.
1. The proposed amendment is consistent with and furthers the goals,
Objectives and policies of the Comprehensive Plan.
The proposed amendments are consistent with and further the following Goals, Objectives, and
Policies contained within the Comprehensive Plan:
Goal A.3.-- The City of Clearwater shall ensure that all development or redevelopment
initiatives meet the safety, environmental, and aesthetic needs of the City
through consistent implementation of the Community Development Code.
2. The proposed amendments further the purposes of the Community Development
Code and other City ordinances and actions designed to implement the Plan.
These proposed amendments further the following purposes of the Code:
Section 1-103.A — It is the purpose of this Development Code to implement the Comprehensive
Plan of the city; to promote the health, safety, general welfare and quality
of life in the city; to guide the orderly growth and development of the city;
to establish rules of procedure for land development approvals; to enhance
the character of the city and the preservation of neighborhoods; and to
enhance the quality of life of all residents and property owners of the city.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with the
Clearwater Comprehensive Plan and the purposes of the Community Development Code.
The Planning Department and City Attorney's Office recommend APPROVAL of Ordinance
No. 8478-13 amending the Community Development Code in the manner described above.
Prepared by Legal Staff:
Leslie Dougal-Sides
Assistant City Attorney
ATTACHMENTS: Ordinance No. 8478-13
Community Development Board — September 17, 2013
TA2013-08006 — Page 2
ORDINANCE NO. 8478-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING A�VIENDMENTS TO THE CCMMUNITY
DEVELOPMENT CODE BY AMENDING SECTION 5-202.C. TO
REQUIRE NEW MEMBERS OF THE COMMUNITY
DEVELOPMENT BOARD TO BE REGISTERED VOTERS;
AMENDING SECTION 5-402.B. TO REQUIRE NEW MEMBERS
OF THE CODE ENFORCEMENT BOARD TO BE REGISTERED
VOTERS; AMENDING SECTION 47.031(4) TO REQUIRE NEW
MEMBERS OF THE BUILDING/FLOOD BOARD OF
ADJUSTMENT AND APPEALS TO BE REGISTERED VOTERS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the members of the Community Development Board, Municipal Code
Enforcement Board and Building/Flood Board of Adjustment and Appeais have regulatory
powers in the City; and
WHEREAS, it is in the best interests of the City to ensure that members of these
boards have shown a certain level of civic engagement; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 5-202 of the Community Development Code of the City of
Clearwater is amended to read as follows:
Section 5-202. Membership; terms; vacancies; removal.
A. The community development board shall be composed of seven regular
members and one alternate, who are residents of the city, to be appointed by the
city commission.
B. In making appointments to the community development board, the city
commission shall seek a membership with diverse economic, social and
professional representation and shall include members qualified and experienced
in the fields of architecture, planning, landscape architecture, engineering,
construction, planning and land use law and real estate.
C. The regular members of the community development board shall serve at the
pleasure of the city commission for four year terms with staggered initial terms so
that no more than two terms shall expire in any calendar year. Members may be
reappointed for one successive term. Appointments to fill any vacancy of the
board shall be for the remainder of the unexpired term. Appointments to
unexpired terms shall not count as one of the two terms for which a member is
eligible for appointment, unless the unexpired terms is two years or more. The
alternate community development board member shall serve at the pleasure of
the city commission for a four year term and may be reappointed for one
Ordinance No. 8478-13
_ _
successive term. In the event the alternate member is appointed as a regular
member, the term already served as an alternate shall not be consider part of the
allowable term as a regular member. Effective November 1, 2013, anv person
appointed to the community development board will be required to be a
registered voter This provision does not apply to a reappointment of a current
member of the community development board. An alternate member who is
appointed to be a regular member will be required to be a reaistered voter. Anv
person who serves or has served on another board of the citv who is appointed
to the communitv development board will be required to be a reaistered voter.
D. Any member failing to establish a regular attendance record at meetings of the
board shall be subject to removal from the board in accordance with the
provisions of section 2.066 of the city's code.
Section 2. Section 5-402 of the Community Development Code of the City of
Clearwater is amended to read as follows:
Section 5-402. Membership; terms; transition; vacancies; removal.
A. There shall be seven members of the code enforcement board to be appointed
by the city commission who are residents of the city. Appointments shall be made
on the basis of experience or interest in the subject matter jurisdiction of the code
enforcement board and wherever possible shall include an architect, a business
person, an engineer, a generat contractor, a subcontractor and a realtor.
B. The members of the code enforcement board shall serve at the pleasure of the
city commission for three-year terms with staggered initial term. Two members
for a term of one year each; three members for a term of two years each; and
finro members for a term of three years each. Members may be reappointed for
one successive term. Appointments to fill any vacancy shall be for the remainder
of the unexpired term. Effective November 1 2013, any person appointed to
code enforcement board will be required to be a registered voter. This provision
does not apply to a reappointment of a current member of the code enforcement
board Anv person who serves or has served on another board of the citv who is
appointed to the community development board will be required to be a
reqistered voter.
C. Any member failing to establish a regular attendance record at meetings shall be
subject to removal from the board in accordance with the provisions of section
2.066 of the city's code.
D. Members of the code enforcement board shall serve without compensation but
shall be entitled to be reimbursed for such mileage expenses and per diem
expenses as the city commission shall by ordinance authorize.
2 Ordinance No. 8478-13
Section 3. Section 47.031 of the Community Development Code of the City of
Clearwater is amended to read as follows:
Sec. 47.031. Created; membership; terms.
(1) There is hereby established the building/flood board of adjustment and appeals,
which shall consist of five members and one alternate member. The members of
the board shall be appointed by the city manager.
(2) Members of the board shall be persons with knowledge and experience with the
technical codes adopted in this chapter, such as design professionals,
(3)
(4)
contractors or building industry representatives.
A board member shall not act in a case in which the member has a personal or
financial interest.
The term of office of a regular board member shall be four years. Vacancies shall
be filled for an unexpired term by appointment by the city manager. Continued
absence of any member from required meetings of the board shall, at the
discretion of the city manager, render any such member subject to removal from
office. The alternate member shall serve at the pleasure of the city manager for a
four-year term. Effective November 1 2013 any person appointed to the
buildinq/flood board of adiustment and appeals will be required to be a reqistered
voter This provision does not applv to a reappointment of a current member of
the buildinq/flood board of ad�ustment and appeals. An alternate member who is
a�pointed to be a regular member will be reauired to be a reaistered voter. Anv
�erson who serves or has served on another board of the citv who is appointed
to the buildinq/flood board of adiustment and appeals will be required to be a
registered voter.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Pamela K. Akin
City Attorney
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
3 Ordinance No. 8478-13