TA2012-02003; ORD 8318-12 Case N u m ber: TA2012-02003
Ordinance Number: 8318-12
Agenda Item: F-3
Amendments to the Community Development Code
CDB Meeting Date: March 20, 2012
Case Number: TA2012-02003
Ordinance Number: 8318-12
Agenda Item: F=3
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST: Amendments to the Community Development Code —
Ordinance No. 8318-12
INITIATED BY: Official Records and Legislative Services/City Council
BACKGROUND: The Building/Flood Board of Adjustment and Appeals, which
handles building and flood variances, appeals from Building Official interpretations,
Unsafe Building cases, and Housing Code cases, consists of five members. Section
47.032(1)provides that the affirmative vote of four members is necessary in order to take
action on cases involving modification of Building Official determinations. Because of
daytime meeting times and conflicting obligations of inembers, it has at times been
challenging t� ohtain the at�endance of four or five members. It was suggested that the
Board may benefit from the addition of an alternate member. This arrangement has
worked well with the Community Development Board. The amendment will lead to
more efficient operations of this important decision making Board.
ANALYSIS:
Proposed Ordinance No. 8318-12 includes the following amendment:
Amends Section 47.031 to add one alternate member to the Building/Flood Board of
Adjustment and Appeals and to provide that such member shall serve at the pleasure of
the City Manager for a four-year term.
CRITERIA FOR TEXT AMENDMENTS:
Community Development Code Section 4-601 specifies the procedures and criteria for
reviewing text amendments. All text amendments must comply with the following.
1. The proposed amendment is consistent with and furthers the goals, policies,
objectives of the Comprehensive Plan.
Community Development Board—March 20,2012
TA2012-02003—Page 1
The Comprehensive Plan provides in part as follows:
COASTAL MANAGEMENT ELEMENT
GOAL E.1.: Management of Clearwater's coastal storm area shall provide for the long-
term accessibility, safety, economic viability, neighborhood stability, and environmental
integrity of these unique areas.
GOAL E.2.: Management of Clearwater's coastal resources shall prohibit activities that
would damage or destroy the natural or built environment, or threaten human life due to
hurricane hazards, and shall promote activities that enhance the natural and built
environment.
Objective E.3.1.: Clearwater shall administer land development regulations to protect
public and private property and human life from the effects of hurricane winds and
flooding.
By providing for the more effective functioning of the Board which has oversight
functions regarding the City's building and flood damage prevention efforts, the
Ordinance will further the above Goals.
2. The proposed amendments further the purposes of the Community Development
Code and other City ordinances and actions designed to implement the Plan.
Section 1-103E. provides that it is the purpose, inter alia, of the Community Development
C;ode to: nrotect the character and the social and economic stabilitv of all parts of the city
- . - - -
through the establishment of reasonable standards which encourage the orderly and
beneficial development of land within the city [Subsection 2.]; protect and conserve the
value of land throughout the city and the value of buildings and improvements upon the
land [Subsection 3.]; and coordinate the provisions of this Development Code with
corollary provisions...designed to establish an integrated and complete regulatory
framework for the use of land and water within the city [Subsection 12.]
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and
will further the goals of the Clearwater Comprehensive Plan and the purposes of the
Community Development Code. Based upon the above, the Planning Department
recommends APPROVAL of Ordinance No. 8318-12 that amends the Community
Development Code.
Community Development Board—March 20,2012
TA2012-02003—Page 2
Prepared by Legal Department Staff:
•� �
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Leslie K. Dougall-Si es 1
Assistant City Attorney
ATTACHMENT:
❑ Ordinance No.8318-12
Community Development Board—March 20,2012
TA2012-02003—Page 3
ORDINANCE NO. 8312-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE, PART II,
SECTION 47.031(1) BUILDING/FLOOD BOARD OF
ADJUSTMENT AND APPEALS; BY ADDING AN ALTERNATE
MEMBER TO THE BUILDING/FLOOD BOARD OF
ADJUSTMENT AND APPEALS; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 47.031 — Created; membership; terms is hereby amended as
foilows:
(1) There is hereby established the building/flood board of adjustment and appeals,
which shall consist of five members and one (1) 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,
contractors or building industry representatives.
(3) A board member shall not act in a case in which the member has a personal or
financial interest.
(4) The term of office of a reqular 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
manaqer for a four year term.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form: Attest:
Ordinance No. 8312 -12
.
Leslie Dougali-Sides Rosemarie Call
Assistant City Attorney City Clerk
2 Ordinance No. 8312-12