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ORDINANCE NO, 3128-83
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
CREATING A NEW ARTICLE IV, DIVISION 1 OF CHAPTER 116,
PARKS AND RECREATION OF TITLE IX, STREETS, SIDEWALKS,
AND OTHER PUBLIC PLACES OF THE CODE OF ORDINANCES, CITY
OF CLEARWATER, ESTABLISHING RECREATION LAND AND
FACILITIES DEDICATION REQUIREMENTS; PROVIDING A
DEFINITION OF TERMS USED THEREIN; PROVIDING FOR THE
APPLICABILITY OF THE REQUIREMENTS AND EXEMPTIONS
THEREFROM; PROVIDING FOR THE BASIS OF DETERMINATION OF
AMOUNT OF LAND AND/OR MONEY; PROVIDING FOR THE METHOD
AND TIMING OF TRANSFER OF LAND OR PAYMENT OF MONEY IN
LIEU THEREOF; PROVIDING FOR THE ESTABLISHMENT OF A
NON-REVOCABLE TRUST FUND TO RECEIVE AND DISBURSE MONIES
RECEIVED IN LIEU OF LAND OR FOR FACILITIES; PROVIDING
FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT THEREWITH; PROVIDING FOR THE SEPARABILITY OF
THE PROVISIONS HEREOF; PROVIDING FOR PROPER NOTICE OF
PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE
DATE OF THIS ORDINANCE.
WHEREAS, the City of Clearwater has established a
system of public parks and recreation facilities to benefit
residents, visitors, and property owners; and
WHEREAS, the maintenance of a diversified system of
park and recreation facilities is recognized as essential for the
promotion of the health and welfare of residents of and visitors
to the City of Clearwater; and
WHEREAS, there is a need to insure that future
population growth in Clearwater will contribute toward
maintaining the current level of park lands and facilities as
related to population and thus not diminish current park and
recreation standards nor unduly reduce the enjoyment of current
residents of the City of Clearwater; and
WHEREAS, the City of Clearwater has adopted a Parks and
Recreation Element of the Comprehensive Plan which identifies
future needs for parkland and recreation facilities; and
WHEREAS, the City of Clearwater has identified current
community standards and desired future levels of parkland and
recreational facilities and is desirous of achieving these
standards by the most equitable means possible;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER,
FLORIDA:
;M1;r; Ord: 312883
1 7/7/83
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Section 1.
Section 116.40 - Purpose.
(a) The purpose of this Section is to enable the City'Commission
to implement the Parks and Recreation Clement of the
Clearwater Comprehensive Plan which was adopted on
October 16, 1980 by Ordinance 2215-80 in specific fur-
therance of the following objectives:
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(1) To provide city residents and tourists with recrea-
tional sites of the highest quality which permit
sufficient and varying opportunities for the enjoyment
of active and passive recreational activities.
(2) To strive to maintain and enhance those physical
characteristics unique to established and future
resource-based recreational lands, including historical
and archaeological sites,
(3) To provide facilities that will allow future residents
and visitors equal access opportunities to recreation
programs, activities, and instruction.
Section 116.41 - Definitions.
(a) The following definitions are provided for the purpose of
enabling clear and distinct interpretation of the language
used in this Section. Words used in the present tense
include the future tense, words in the plural number include
the singular number, and words in the singular number
include the plural number. The word "shall" is mandatory,
and the word "may" is permissive.
EXPANSION: The addition of eight (8) or more dwelling units
to a residential property, shall constitute expansion for
the purposes of this Section. A change in the use of a
parcel or structure within the confines of an existing
building to add less than eight (8) dwelling units or the
addition of less than eight (8) dwelling units, shall not
constitute expansion for the purpose of this Section.
LAND VALUE: For purposes of this Section, the land value of
a parcel is either; the most recent sales price as estab-
lished by property records in the Office of the Clerk of
Circuit and County Court, a valid and verifiable contract or
similar record of sale or; the just value without any
agricultural exemption carried for the land only on the
current year's property assessment records of the Pinellas
County Property Appraiser, whichever is greater. In the
case-of developed properties, the land value shall be that
value on the current year's property assessment roll or such
imputed value as may be established by the City Commission
for the particular category of use (i. e., residential,
commercial, industrial) whichever is less. Imputed values
may be established by separate action of the City Commission
according to accepted appraisal standards and techniques,
and shall be updated from time to time as appropriate.
RECREATION FACILITIES: Those landscape features, buildings,
equipment, and other appurtenant structures necessary to
provide for recreation activities; including, but not
limited to, playgrounds, picnic benches, baseball diamonds,
basketball courts, gymnasia, soccer fields, horseshoe
courts, lawnbowling courts, shuffleboard courts, recreation
centers, softball diamonds, swimming pools, and tennis
courts as well as parking, restroom and other improvements
necessary to the functioning of the primary facility.
RECREATION FACILITIES LAND: The parcels of land on which
are sited City-owned recreational facilities, as well as
required parking areas, restrooms and other improvements.
Ord.. 3128-83
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RESIDENTIAL DEVELOPMENT: All single-family, mobile home
duplex, triplex, and multiple-family dwellings shall be
t>. w; considered residential development. Hotel/motel, and .f s.
interval ownership/ timesharing units shall be considered as
residential development for purposes of this Section, with
the dwelling unit equivalent of a hotel/motel or interval
ownership/timesharing unit to be calculated In the following
manner:
' • four hotel /motel rooms one dwelling unit equivalent
+£?? a one interval ownership/timeshare unit one dwelling
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i? Section 116 - Exe
r 4 .42 -Applicability; mptions `'ir `t :; 1':'.;t•
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(a) It is the intent that the provisions of this Section '' `'??^;•"sti?'?`''''
?;„sa applied to residential development proposed to be added to
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of Clearwater, whether the result of new construction within
=F?:?r the corporate limits or annexation of developed property, ?+?????`'•y'f-???~. ?? ?i?
?i?a ?3;Tp according to the following:
(1) All new residential development of eight (8) dwelling `
?,units or more shall comply with all a licable -?
ro-
lvisions of this Section pp P
(2) All annexations of residential dwelling(s) of eight (8)
dwelling units or more shall comply with all applicable
provisions of this Section.
J (3) All expansion of existing residential development which
will add eight (8) or more dwelling units shall comply
fi zr; with all applicable provisions of this Section. i?
(b) The levels of development noted below shall be considered
exempt from the Recreation Land Impact Fee provisions of
Section 116.43 (a)(1). The levels of development described
below shall be subject to the Recreation Facilities Impact
Fee of $200 per dwelling unit as set forth in Section 116.43
(a)(2).
(1) All new residential development of fewer than eight (8)
dwelling units.
(2) All annexation of residential dwelling(s) of fewer than
eight (8) units.
(3) All expansion of existing residential development of
fewer than eight (8) units.
(c) Exceptions to Sections 116,42 (a) and (b) are hereby granted
under the following conditions:
(1) Any parcel which has previously met the City's land
dedication requirements under the previously estab-
lished terms of annexation shall not be subject to an
additional dedication requirement provided development
intensity does not exceed the level established by
zoning or specifically authorized by site plan or
subdivision plat approval at the time of land dedica-
tion or payment in lieu thereof. Should the applicant
seek to increase the intensity of use, the City of
Clearwater reserves the right to impose an additional
fee the amount of which is the difference between the
previous dedication and the dedication amount which is
determined according to the provisions of this Section
for the portion of the project which is proposed to be
expanded.
Ord. 3128-83 - 3 - 7/7/83
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t? (2) Any property which was the subject of an agreement to
;?. annex executed prior to the effective date of this
Section is exempt from the provisions of this
r•. Section.
` (3) Any pre-existing agreements to provide open space,
park, or recreation land, e stablished through site
:r Wn, subdivision plat, or annexation procedures shall
honored by both the City of Clearwater and the
affected private party.
`'` (4) Development or expansion of developed properties within wgg
the Downtown Development District of the City of
?`"•° Clearwater shall be exempt from provisions of this
Section; provided however that this provision shall
?;}}•i require the City Commission to have prepared an
evaluation of such provision as it applies to the
qtr Downtown District and to consider at public hearing its
rare` g{ elimination or continuation at a date not later than
gy?pp}}((; "t September 1, 1986.
Section 116.43 - Determination of Amount.
(a) 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 of
Clearwater, whit provides the inventory information and
methodology used to develop the following fee schedule:
(1) To provide land on which recreation facilities may be
built to service additional population consistent with
the level of service prevailing in the City of
Clearwater, all applicable residential developments
shall be assessed a recreation Land Impact Fee equal to
one hundred fifty (150) square feet per dwelling unit
or a sum of money equal to the land value of this
assessment.
(2) To provide capital facilities to service additional
population, consistent with the level of service
prevailing in the City of Clearwater, all applicable
residential developments shall be assessed a Recreation
Facilities Impact Fee of $200 per dwelling unit.
(b) When the dedication requirements set forth in Section 116.43
(a) (1) would require the dedication of more than six (6)
percent of the net residential area of any parcel or plat,
the applicant shall receive a credit if private recreation
facilities are provided for the use of residents of the
proposed development. Such private recreation facilities
shall include, but not be limited to, swimming pools, tennis
courts, handball courts, racketball courts, volleyball
courts, playgrounds, picnic areas, fitness trails, and the
like. The amount of such credit shall be the difference
between the Recreation Land Impact Fee computed according to
the provisions of Section 116.43 (a) (1) and six (6) percent
of the net residential area of the parcel or plat.
(c) The fee amount shall be determined at the time of site plan,
subdivision plat, or annexation review. 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 Parks and Recreation Director may consult
with appropriate members of the staff and public, and shall
use as a basis the following criteria:
(1) Suitability of land for recreation usage.
(2) Amount of land to be dedicated.
Ord..3128-83 - 4 - 7/7183`
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(3) Presence or absence and location of other recreation
resources in the area.
(4) Planned recreation needs, as documented in the
Comprehensive Plan.
(5) Ability to maintain recreation lands in a cost-
effective manner.
Section 116.44 - Method and Timing of Payment._
(a) The transfer of land in satisfaction of the provisions of
Section 116.43 shall be in fee simple, permanent recreation
easement, or any other equivalent conveyance which would
have the effect of providing the benefits of recreation land
in perpetuity to the residents and visitors of the City of
Clearwater to the satisfaction of the City Attorney.
(b) Payment of monies in satisfaction of the provisions of
Section 116.43 shall be made by certified check, cashier's
check or other form acceptable to the City Attorney.
(c) Conveyance of any deed, easement or other transfer of
interest and any monetary payment in lieu of land dedication
shall be in a form acceptable to the City Attorney and
according to the following schedule:
(1) Annexation - Prior to second reading of the ordinance
effectuating annexation;
(2) Subdivision Plat - Prior to City approval and signature
of the final or record plat; and
(3) Site Plan - Prior to City approval and certification of
the final site plan.
Section 116.45 - Use of Monies and Land.
(a) Hon-revocable trust funds shall be established to serve as
depositories for monies received as Recreation Land.Impact
Fees, and Recreation Facilities Impact Fees. Programming
of fund expenditures shall be included in the annual capital
budget of the City of Clearwater. Expenditures of such
funds shall be made in a timely manner. Funds hall be
expended to benefit the areas in which they were collected.
The standard for expenditure of funds shall be:
Recreation Land Impact Fees: within one (1)
mile radius
Recreation Facilities Impact Fees: within one (1)
mile radius
Where practical difficulties such as extent or nature of
surrounding development, soil or water conditions, or
political boundaries preclude meeting precisely these
standards, the City reserves the right to substitute nearby
facilities in a manner consistent with the service delivery
program outlined in the Parks and Recreation Element of the
Comprehensive Plan.
(b) Lands and interests acquired pursuant to the provisions of
the Section shall be dedicated for public recreation
purposes, and shall be managed in a manner consistent with
the objectives and intent of this Section.
Section 2 - Repealer.
All ordinances or parts of ordinances in conflict herewith are to
the extent of such conflict hereby repealed.
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Ord. 3128-83 - 5 - 7/7/83
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Section 3 - Separability. 7
,
Should any part or provision of 'this Ordinance be declared by
court of competent jurisdiction to be invalid, the same shall not
affect the validity of the Ordinance as a whole or any part
thereof other than the part declared to be invalid.
retation and Enforcement
Suction 4 - Interp `"°'`''£F• '
,
It is the expressed intent of the City Commission that the
provisions of this Ordinance be administered by the City Manager
and under his direction the Parks and Recreation Director. The
administrative interpretation and determination of any definition
or like question as to-the appropriate application of the
provisions of this Ordinance shall be made b the City Manager.
determination the
Upon appeal of any such interpretation or
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decision of the City Manager ma be appealed to the City
Commission. :
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The enforcement of this Ordinance shall be as for any other
ordinance of the City and shall include specific provision for
withholding annexation or building permits and placement of a
lien or other appropriate legal instrument against the property
in question to ensure payment consistent with the requirements of
the Ordinance.
Section 5 - Notice.
Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in
accordance with Section 166.041, F.S.
Section 6 - Effective Date.
The provisions of this Ordinance shall take effect upon its
passage.
PASSED ON FIRST READING June 16, 1983
PASSED ON SECOND A D FINAL.
READING AND ADOPTE July 7, 1983
AS AMENDED
yarL omm ss one
Attest:
(.v
Cjty er
4
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7/7/83