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ORDINANCE NO. 6763-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE PROVISION OF RECREATION LAND,
RECREATION FACILITIES AND OPEN SPACE; AMENDING
SECTION 54.01 TO DEFINE REDEVELOPMENT AND REVISE
THE DEFINITION OF RESIDENTIAL DEVELOPMENT;
CREATING NEW SECTION 54.02 TO ESTABLISH TRANSITION
RULES FOR ADMINISTRATION OF THIS ORDINANCE;
AMENDING SECTION 54.22 TO IDENTIFY REDEVELOPMENT
THAT REQUIRES RECREATION LAND AND FACILITIES
IMPACT FEES AND TO EXEMPT PROPERTIES IN THE
DOWNTOWN REDEVELOPMENT AREA FROM SAID FEES;
AMENDING SECTION 54.23 TO REFERENCE APPENDIX "A"
FOR RECREATION LAND IMPACT FEES AND TO REFINE THE
PROCESS FOR DETERMINING SAID FEES; AMENDING
SECTION 54.24 TO REVISE THE TIMING FOR PAYMENT OF
RECREATION LAND AND RECREATION FACILITIES IMPACT
FEES; AMENDING SECTION 54.52 TO IDENTIFY
DEVELOPMENT THAT REQUIRES OPEN SPACE IMPACT
FEES AND TO EXEMPT PROPERTIES IN THE DOWNTOWN
REDEVELOPMENT AREA FROM SAID FEES; AMENDING
SECTION 54.53 TO REFINE THE PROCESS FOR
DETERMINING OPEN SPACE FEES; AMENDING SECTION
54.54 TO REVISE THE TIMING FOR PAYMENT OF OPEN
SPACE IMPACT FEES; AND AMENDING APPENDIX "A",
PARAGRAPH XV, TO ADJUST OPEN SPACE IMPACT FEES;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Parks and Recreation Element of the Clearwater Comprehensive
Plan (the Plan) outlines goals and objectives for meeting open space and recreation needs
for the growth of the City; and
WHEREAS, the open space and recreation needs contained in the Plan are based
largely upon a Recreation and Open Space Study prepared in June 1983; and
WHEREAS, conditions have changed since 1983, including the cost to construct
recreation facilities and the extent of development and redevelopment in the City; and
WHEREAS, it is necessary to increase fees if facilities are to be constructed in
accordance with the goals and objectives stated in the Plan; and
Ordinance No. 6763-01
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WHEREAS, since the adoption of the 1999 Community Development Code, it is
necessary to revise certain sections of Chapter 54, Recreation and Open Space Land
Dedication, in order to maintain a cohesive land development regulatory system; now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article I, Sec. 54.01, Code of Ordinances, is amended as follows:
ARTICLE I. IN GENERAL
Sec. 54.01. Definitions.
The following words, terms and phrases, when used in this chapter, shall have
the meanings assigned to them in this section, except where the context clearly
indicates a different meaning:
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Redevelopment means demolition or partial demolition of buildinas or structures
and replacement with new buildinos or structures.
Residential development includes all single-family, mobile home, duplex, triplex
and multiple-family dwellings, hotels/motels and interval ownership/timesharing units.
The term does not include nursing homes, adult congregate living facilities. assisted
livina facilities. halfway houses. 9F group homes. or residential shelters. The dwelling
unit equivalent of a hotel/motel or interval ownership/timesharing unit shall be
calculated as follows:
(1) Four hotel/motel rooms equal one dwelling unit equivalent;
(2) One interval ownership/timeshare unit equals one dwelling unit equivalent.
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Section 2. Article I, Sec. 54.02, Code of Ordinances, is added:
Sec. 54.02. Transition Rules.
For applications pendina on the effective date of this ordinance. any fee not
previously paid shall be due on July 23. 2001.
Section 3. Article II, Sec. 54.22, Code of Ordinances, is amended as follows:
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ARTICLE II. RECREATION LAND AND FACILITIES
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Sec. 54.22. Applicability of article; exemptions from article.
(1) It is the intent that the provisions of this article be applied to residential
development proposed to be added to the building stock within the corporate limits of
the city, whether the result of new construction within the corporate limits or annexation
of developed property, according to the following:
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(d) All residential redevelopment which will result in a net increase of eioht or
more dwelling units shall comply with all applicable provisions of this
article.
(2) The following levels of development shall be considered exempt from the
recreation land impact fee provisions of section 54.23(1)(a). Unless otherwise
indicated, the following levels of development shall be subject to the recreation facilities
impact fee as required by section 54.23(1 )(b):
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(d) All residential redevelopment which results in a net increase of fewer than
eight dwelling units.
(3) Exceptions to subsections (1) and (2) of this section are hereby granted
pursuant to the following conditions:
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(d) Development or expansion of developed properties located within the
downtown redevelopment area desiqnated in the Clearwater Downtown
Redevelopment Plan approved bv the City Commission on Auoust 17.
1995. dO'Nnto\"lA devolopment distriot of tho oity shall be exempt from the
provisions of this article; provided, however, that this provision sh311
require the oity oommission to h3\'e prepared 3n evaluation of such
provision as it applies to the downtown distriot.
Section 4. Article II, Sec. 54.23, Code of Ordinances, is amended as follows:
Sec. 54.23. Fees - Determination of amount.
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(1) The amount of recreation land and development impact fees shall be
based, to the extent possible, upon the intensity of the proposed development and the
findings contained in the open space and recreation study prepared by the city, which
provides the inventory information and methodology used to develop the following fee
schedule:
(a) To provide land on which recreation facilities may be built to service
additional population consistent with the level of service prevailing in the
city, all applicable residential developments shall be assessed a
recreation land impact fee as set forth in appendix A to this code equal to
150 cquaro toet per dwellin€) unit or 3 cum of money equ:l1 to the bnd
v:llue of thic ascecsment.
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(3) The too amount shall be determined :It the time of cito plan, subdi'licion
plat or annexation reviow. For cito plaRs and subdivision pl:lts which aro revie'/led by
the city oommission, the oommission, with the advioe 3nd rooommendation of the oity
manager and the p:lrkc :lnd recreation direotor, shall determiRe whether the recre:ltion
land imp:lct too sh:lll be satisfiod by a land dedioation, money payment, or 0
combination thereof. For sito plans and subdivicion plats ..':hioh are not revim..:ed by
tho city oommission, tho The city manager or the manager's desiqnee, with the advice
and recommendation of the parks and recreation director, shall determine whether the
recreation land impact fee shall be satisfied by a land dedication, money payment, or a
combination thereof. In making this determination, the oity oommiccion or city manager
and parks and recreation director, ac applioable, shall use as a basis the following
criteria:
(a) Suitability of land for recreation usage;
(b) Amount of land to be dedicated;
(c) Presence or absence and location of other recreation resources in the
area;
(d) Planned recreation needs, as documented in the comprehensive plan;
(e) Ability to maintain recreation lands in a cost effective manner.
Section 5. Article II, Sec. 54.24, Code of Ordinances, is amended as follows:
Sec. 54.24. Same - Method and timing of payment.
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(3) Conveyance of any deed, easement or other transfer of interest and any
monetary payment for recreation facilities and in lieu of land dedication shall be in a
form acceptable to the city attorney and according to the following schedule:
(a) Annexation: prior to second reading of the ordinance effectuating
annexation. If the property is vacant or developed with less than eight
units and is proposed to be developed or redeveloped with eiaht or more
units. the fee shall be due in coniunction with the subdivision plat or site
plan.
(b) Subdivision plat: prior to city approval and signature of the final or record
plat.
(c) Site plan: prior to the issuance of the initial buildina permit for any
residential dwellina on the property. If the development order authorizes
phased development and clearly delineated phase lines are displayed on
the approved plan. then any conveyance shall occur prior to the issuance
of the initial buildina permit for the first phase and any monetary payment
correspondina to a phase shall be due prior to issuance of the initial
buildina permit for such phase. prior to oity appro':al and oertifioation of
the final &ito plan.
(4) The City may. as a service to developers. estimate fees at any time prior
to final development approval. The actual fee. however. shall be determined at the time
the fee is due accordina to the schedule set forth in paraaraph (3) above.
Section 6. Article III, Sec. 54.52, Code of Ordinances, is amended as follows:
ARTICLE III. OPEN SPACE LAND
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Sec. 54.52. Applicability of article; exemptions from article.
(1) The provisions of this article shall apply to the addition to the building
stock within the corporate limits of the city, whether as a result of new construction
within the corporate limits or new construction subsequent to filing a petition for
annexation, as follows:
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(e)
All expansion of existing nonresidential development on property one acre
or more in area which will result in an increase to the current floor area of
50 percent or more~':"
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Ordinance No. 6763-01
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(f)
All redevelopment of existing residential development which will result in a
net increase of eiaht or more residential dwellina units:
(g) All redevelopment of existina nonresidential development which will result
in a net increase of eiaht or more residential dwelling units and 50 percent
or more floor area.
(h) All redevelopment of existina residential development to nonresidential
development on property one acre or more in area which will result in a
net increase of 50 percent or more floor area.
(2) Exceptions to subsection (1) of this section are hereby granted under the
following conditions:
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(d)
Development or expansion of developed properties located within the
downtown redevelopment area desianated in the Clearwater Downtown
Redevelopment Plan approved bv the City Commission on August 17.
1995. dm:o'nto'A'n dovelopmont distriot of the oity shall be exempt from
provisions of this article; provided, howe'o'er, that this provision shall
require the oity oommission to ha'/e prepared an ovaluation of suoh
provision as it applios to the downtown distriot.
Section 7. Article III, Sec. 54.53, Code of Ordinances, is amended as follows:
Sec. 54.53. Fees - Determination of amount.
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(3) The foe amount shall be determined at the time of site plan, subdi'Jision
plat or annexation revio'tI. For sito plans and subdivision plats which are reviowed by
the oity oommis&ion, tho oommission, '.vith tho ad\,'ioe and reoommendation of the oity
manager and tho parks and Feoreation director, shall determine whethor the foe shall be
&ati&~ed by a land dedioation, monoy paymont, or a oombination thereof. For &ite plans
and subdivision plats whioh are not reviov.'ed by the oity oommission, tho The city
manager or the manaaer's desianee, with the advice and recommendation of the parks
and recreation director, shall determine whether the open space reoreation land impact
fee shall be satisfied by a land dedication, money payment, or a combination thereof.
In making this determination, the oity oommission or city manager and parks and
recreation director, as applioablo, shall use as a basis the following criteria:
(a) Preservation of environmentally sensitive areas;
(b)
Amount of land to be dedicated;
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(c)
Presence or absence and location of other open space resources in the
area;
(d) Planned open space needs, as documented in the comprehensive plan;
(e) Ability to maintain open space lands in a cost effective manner.
Section 8. Article III, Sec. 54.54, Code of Ordinances, is amended as follows:
Sec. 54.54. Same - Method and timing of payment.
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(3) Conveyance of title, easement or other transfer of interest and any
monetary payment in lieu of land dedication shall be according to the following
schedule:
(a) New construction subsequent to annexation petition: prior to second
reading of the ordinance effectuating annexation.
(b)
Subdivision plat: prior to city approval and signature of the final or record
plat.
(c) Site plan: prior to the issuance of the initial building permit for any
residential dwellinq or nonresidential structure on the property. If the
development order authorizes phased development. with c1earlv
delineated phase lines displaved on the approved plan. then any
conveyance shall occur prior to the issuance of the initial buildinq permit
for the first phase and any monetary payment correspondinq to a phase
shall be due prior to the issuance of the initial buildinq permit for such
phase. prior to oity approval and oertifio3tion of the final site plan.
Section 9. Appendix A - Schedule of Fees, Rates and Charges, Code of
Ordinances, paragraph XV, is amended as follows:
XV. RECREATION AND OPEN SPACE LAND DEDICATION:
(1) Recreation land imoact fee. per dwellinq unit (see &54.22 for applicabilitv
and exemptions): 150 square feet per residential dwelling unit or a sum of money equal
to the land value.
@f-1-t Recreation facilities impact fee, per dwelling unit (see &54.22 for
applicabilitv and exemptions ~51.2d): $200.00
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.Q}~ Open space impact fee (see &54.52 for applicability and exemptions and
&54.53 for determination of amount):
(a) All new development and annexation, if applicable, shall be
assessed an open space land impact fee equal to four percent of
the net land area of the project or an amount of money equal to
four percent of the land value.
(b) For the expansion or redevelopment of existing projects, the open
space land impact fee shall be computed as follows:
1. For nonresidential uses~ the asseEEment ahall equal hA.'o
percent of tho net land area of the entiro project or an
amount of money equal to hA.'o porcent of the land value.
a. If the floor area increases 50 percent or more of
existing but less than 100 percent. the assessment
shall equal two percent of the net land area of the
proiect or an amount of money equal to two percent
of the land value.
b.
If the floor area increases 100 percent or more of
existing, the assessment shall equal four percent of
the net land area of the proiect or an amount of
money equal to four percent of the land value.
2. For residential uses~ the aaEeEEment Ehall equal four
percent of the net land area af:tributable to the expanded
number of unitE or an amount of money equal to four
peroent of the land value.
a. If previously developed as residential. the
assessment shall equal four percent of the net land
area attributable to the expanded number of units or
an amount of money equal to four percent of the land
value.
b. If previously developed as non-residential and the
floor area increases 50 percent or more of existing
but less than 100 percent. the assessment shall equal
two percent of the net land area of the proiect or an
amount of money equal to two percent of the land
value.
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If previously developed as non-residential and the
floor area increases 100 percent or more of existing.
the assessment shall eaual four percent of the net
land area of the proiect or an amount of money eaual
to four percent of the land value.
Section 10. This ordinance shall take effect upon adoption.
PASSED ON FIRST READING
April 5, 2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall- s
Assistant City Attorney
Attest:
Cy t ia E. Goudeau
City lerk
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Ordinance No. 6763-01