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ORDINANCE 110. 3129-83
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
CREATING A NEW ARTICLE IV, DIVISION 2 OF CHAPTER 116,
PARKS AND RECREATION OF TITLE IX, STREETS, SIDEWALKS,
AND OTHER PUBLIC PLACES OF THE CODE OF ORDINANCES, CITY
OF CLEARWATER, ESTABLISHING OPEN SPACE LAND DEDICATION
REQUIREMENTS; PROVIDING DEFINITION OF TERMS THEREFOR;
PROVIDING FOR THE APPLICABILITY OF AND EXEMPTION FROM
SAID REQUIREMENTS; PROVIDING FOR THE SPECIFIC PER-
CENTAGE OF-LAND AREA REQUIRED TO BE DEDICATED FOR BOTI4
RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES; PROVIDING
FOR THE BASIS FOR DETERMINATION OF MONIES PAID IN LIEU
OF LAND DEDICATION; PROVIDING FOR THE METHOD AND TIMING
OF LAND DEDICATION OR PAYMENT IN LIEU THEREOF; PRO-
VIDING FOR THE ESTABLISHMENT OF A NON-REVOCABLE TRUST
FUND FOR THE COLLECTION AND EXPENDITURE OF 140NIES
RECEIVED IN LIEU OF LAND DEDICATION; 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 and
WHEREAS, the maintenance of a safe, healthy and
maintained a system of open spaces to benefit residents, visitors
and property owners; and
attractive community is recognized as essential to the
preservation of Clearwater's economic base, which has as key
components tourism, recreation and retirement living; and
WHEREAS, there is a need to insure that future growth
..the current proportion of open space to developed land area and
that such future development will not degrade the community's
assets nor unduly burden the current residents and property
owners; and
and development of all types will contribute toward maintaining
WHEREAS, the City of Clearwater has adopted Parks and
Recreation, Coastal Zone Management and Environmental Management
and Conservation Elements of the Clearwater Comprehensive Plan
which identify future needs and policies regarding the preserva-
tion of open space in Clearwater; and
WHEREAS, the City of Clearwater has identified current
community standards and desired future levels of open space, 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:
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Ord., 3129"81x") - 1 717!$3
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Section 116.46 - Purpose-
(a) The purpose of this Section is to enable the City Commission
to implement the Parks and Recreation Element-of the
Clearwater Comprehensive Plan, which was adopted by
ordinance 2215-80, to implement the Coastal Zone Management
Element of the Clearwater Comprehensive Plan, which was
u adopted by Ordinance 2796-82, and to implement the
'Environmental Management and Conservation Plan, which was
adopted by Ordinance 1661-77, in specific furtherance of the
n; following objectives:
,.., (1) Conservation of those natural open space areas which
constitute aesthetic and ecological assets.
±s ?' (2) Preservation and enhancement of existing natural
¢
r `?N vegetation and related ecosystems in the coastal zone
_
r and increased use of landscape planting to beautify
existing and proposed development in the coastal zone.
(3) Recognition of the importance of the functions of
Clearwater's natural ecosystems as an integral
s4 t component of the urban development process.
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Prov
sion of benefits to the community in areas of
T ?
. microclimate modification, wildlife habitat, enhance-
? • ment of air and water quality, flood control and soil
stabilization.
(5) Preservation of a balance between the City's recreation
and parks/open space system with emphasis on both
programs and natural systems.
Section 116.47 - Definitions.
(a) The following definitions are provided for the purpose of
enabling clear and distinct interpretations 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 fifty (50) percent or more to
the floor area of a non-residential building located on one
acre or more of land and/or the addition of eight 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, or where an addition will provide
increased floor area equal to less than fifty (50) percent
of the current floor area or less than eight dwelling units
shall not constitute expansion for the purpose of this
Section.
LAND VALVE: For purposes of this Section, the land
value of a parcel is either; the most recent sales price as
established 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.
Ord..3129-83
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OPEN SPACE LAUD: Those properties owned by the City of
Clearwater which are established and maintained primarily to
provide vegetated breaks or vistas in the urban development
pattern. Such properties may be maintained in an essen-
tially natural landform or be given a conscious landscape
treatment with planting of trees, shrubs, and/or grass.
RESIDENTIAL DEVELOPMENT: All single-family, mobile home,
duplex, triplex, and multiple-family dwelling units shall be
considered residential development. Notes/motel, and
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: - ,
O four hotel/motel rooms = one dwelling unit equivalent
• one interval ownership/timeshare unit = one dwelling
unit equivalent
Section 116.48 -_Applicability and Exemptions.
(ai) It is the intent that the provisions of this Section apply
to the addition to the building stock within the corporate
limits of the City of Clearwater, whether as a result of new
construction within the corporate limits or annexation of
developed properties, as set forth below:
(1) All new residential development, whether single family,
duplex, triplex, multi-family, or mobile home, eight
(8) units or more.
(2) All new non-residential development involving land of
one acre or more in size.
(3) All annexations of residential development, whether
single family, duplex, triplex, multi-family or mobile
home, of eight (8) units or more.
(4) All annexations of non-residential development
involving land of one or more acre in size.
(5) All expansion of existing residential development
whether single family, duplex, triplex, multi-family or
mobile home which will result in the addition of eight
(8) or more units.
(6) All expansion of existing non-residential development
which will result in an increase to the current floor
area of 50% or more.
(b) Exceptions to Section 116.48 (a) 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 subjeci: 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`.! 3129-83 - 3 7/7/83
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(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 Section.
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(3)
Any pre-existing agreements to provide open space,
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+. park, or recreation land, established through site
plan, subdivision plat, or annexation procedures shall
,F be honored by both the City of Clearwater and the
r? .y affected private party(s).
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'' (4) Development or expansion of developed properties within
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i the Downtown Development District of the City of
Clearwater shall be exempt from provisions of this
l
?. Section; provided however that this provision shal
require the City Commission to have prepared an
. evaluation of such provision as it applies to the
aN Y +E= Downtown District and to consider at public hearing its
elimination or continuation at a date not later than
September 1, 1986.
Sid ???c?'v? .?SL• .,t ` fy'?tH
t1 . L'.kti' Section
- - 116.49 -? Determination of Amount.
- -
(a) The amount of the Open Space Impact Fee to be assessed is
established based on the ratio between public open space and
developed land within the City of Clearwater. The inventory
information and methodology are outlined in the Open Space
and Recreation Study prepared in support of this Section.
(b) All new development and annexation shall be assessed an Open
Space Land Impact Fee equal to four percent (4%) of the net
land area of the project or an amount of money equal to four
percent (4%) of the land value.
For the expansion of existing projects the Open Space Land
Impact Fee shall be computed as follows:
(1) For non-residential uses the impact assessment shall
equal two percent?(2%) of the net land area of the
entire project or an amount of money equal to two
percent (2%) of the land value; and
(2) For residential uses the impact assessment shall equal
four percent (4%) of the net land area attributable to
the expanded number of units or an amount of money
equal to four percent (4%) of the land value.
(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 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) Preservation of environmentally sensitive areas.
(2) Amount of land to be dedicated.
(3) Presence or absence and location of other open space
resources in the area.
(4) Planned open space needs, as documented in the
Comprehensive Plan.
(5) Ability to maintain open space lands in a cost-
effective manner.
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Section 1'16.50 Method and Timing of Payment.
(a} The transfer of land in satisfaction of the provisions of
Section 116.49 shall be in fee simple, permanent open space
easement, or any other equivalent conveyance which would
have the effect of providing the benefits of recreation land
u in perpetuity to the residents and visitors of the City of
t? Clearwater to the satisfaction of the City Attorney.
(b) payment of monies in satisfaction of the provisions of
v Section 116.49 shall be made by certified check, cashier's
check or other form acceptable to the City Attorney.
F;?` •? (c) Conveyance of any deed, easement or othet•. transfer of
interest and any monetary payment in lieu of land dedication
shall he in a form acceptable to the City Attorney and
according to the following schedule:
(1) Annexation - Prior to second reading of the ordinance
;b effectuating annexation;
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(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.
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?'Section 116.51 - Use of Monies and Land.
Ell:
(a) -A non-revocable trust fund shall be established to serve as
a depository for monies received as Open Space Impact Fees.
Programming of fund expenditures shall be included in the
annual capital budget of the City of Clearwater. Expendi-
tures of such funds shall be made in a timely manner. Funds
shall be expended to purchase fee simple interests, open
space easements, or equivalent less-than-fee interests to
secure open space to benefit the owners of the assessed
properties.
Funds shall be expended within a 1.5 mile radius of the
assessed properties. Where practical difficulties such as
extent or nature of surrounding development, soil or water
conditions, or political boundaries preclude meeting pre-
cisely 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
this Section shall be dedicated for public open space
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.
Section3 - Separability.
Should any part or provision of this Ordinance be declared by a
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.
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Ord. 3129-83. 7/7/83
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Section 4 - interpretation and Enforcement.
a
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 by the City Manager.
Upon appeal of any such interpretation or determination, the
decision of the City Manager may be appealed to the City
Commission.
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 156.041, 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 AND FINAL
READING AND ADOP?ED / July 7, 1983
AS AMENDED /„ , _ r?--? I
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ST. PETERSBURG TIMES 531790 79i"
and EVENING INDEPENDENT
N? Pablkhod Daily /
i St. Petenburg, Pinellas County, Florida fang
S'T'ATE OF FLORIDA
S.S.
COUNTY OF PiNELI.AS i
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Before the undersigned authority personally appeared
who onoathsays that he ist"rn f- rattntar rlkofthe- elgarwgiteer Times
a daily newspaper published at St. Petersburg, in Pinellas County, Florida: that the
atrached copy of advertisement, being a _.L? a-L-WxLti,r-e-------- - --
it?thcmattcr -.-- _Not:ice o£ proposgd_en actment of ordinance
-- ---------------- to the ------------------_-._ Court
-
was published in said newspaper in the issues of _ J ut3 -39.}_ DA----------
-------------------------------------------------
Affant further says the said Clearwater Times is a newspaper
published at St. Petersburg, in Said Pinellas County, Florida, and that the said news-
pr has heretofore been continuously published in said Pinellas County, Florida,
e eday and has been entered as second clsss mail matter at the post office in St. Pe-
tershurg, in said Pinellas County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertncmcnt; and aftiant further says that
he has neither paid nor promised any person, firm, or corporation any discount, rc-
bate, commission or refund for the purpose of securing this advertisement for publi.
cation in the said newspaper.
Sworn to and subscribed
D
before me this -10.W1 day of -IL3
?ga 2-3
(SHAT.) Notary Public
My ommission expires --- my Culzililliblull C-AV-1m,41n. koLvy Public, State of F;crida at 1lg
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