5127-91
ORDINANCE NO. 5127'-91
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE RECREATION AND OPEN SPACE LAND
DEDICATION REQUIREMENTS; AMENDING SECTIONS 116.40,
116.45, 116.46, AND 116.51, CODE OF ORDINANCES, RELATING
TO THE USE OF RECREATION LAND AND OPEN SPACE IMPACT FEES
AND LAND; CREATING A NEW SECTION 116.395, CODE OF
ORDINANCE, RELATING TO DEFINITIONS; REPEALING SECTIONS
116.41 AND 116.47, CODE OF ORDINANCES, RELATING TO
DEFINITIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the recreation and open space element of the comprehensive plan
of the City of Clearwater establishes the goal of providing a system of open
spaces, parks and recreation facilities designed to meet the recreational needs
of the City's residents and tourists; and
WHEREAS, Objective 24.2 of the recreation and open space element
establishes the objective of cooperation with the public and private sector to
increase public recreational opportunities and open space acreage, and the policy
of enforcing the adopted recreation and open space land dedication requirements
for the express purpose of maintaining the existing levels of service of
recreation lands and facilities; and
WHEREAS, the recreation and open space element also includes criteria for
the expenditure of recreation facilities funds, recreation facilities land funds,
and open space funds and, because these criteria are inconsistent with the
criteria for the use of such funds in the recreation and open space land
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dedication ordinance, it is necessary to amend the ordinance as provided herein
to achieve consistency with the comprehensive plan of the City; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. A new Section 116.395 is added to Division 1 of Article IV of
Chapter 116, Code of Ordinances, and Sections 116.40, 116.45, 116.46, and 116.51,
Code of Ordinances, are amended to read:
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CHAPTER 116. PARKS, RECREATION AND BEACHES
ARTICLE IV. RECREATION REGRE _TInuef_ AND OPEN SPACE
LAND DEDICATION REQUIREMENTS
Division 1. In General (Reseryed
Sec. 116.395. Definitions.
As used in this article:
"Ex ansion" means the addition of eight 8 or more dwellin units to a
residential-property. For the purposes of division 3 the term also includes the
addition of fift 50 per cent or more to the floor area of a nonresidential
building located on one acre or more of land
"Land value" means for undeveloped ro erties either the most recent
sales orice or the iust value for the land without anv..agricultural exemption
according to the current ear's property assessment records of the count
property appraiser-, whichever is reaterZ for developed properties, the term
means the just value for the land without an agricultural exemption accordin
to the current ear's property- assessment records of the count property
appraiser._
"0 en space land" means city-owned property established and maintained
rimarilv to arovide vegetated breaks or vistas in the urban development pattern.
The term includes Property acquired b the city with open sace funds for use as
o en s ace land. Such properties may be maintained in an essentially natural
landform or be given a landscape treatment with the planting of trees shrubs and
grass, as well as other appurtenant improvements such as but not necessarily
limited to sidewalks benches and ark lights, Open space land may adjoin
recreation facilities land in the same ark.
"Recreation facilities" means buildings, e ui ment and landscape, features
necessary to provide for recreation activities including but not limited to
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la rounds picnic benches baseball and softball diamonds _qygnasia, soccer
fields recreation centers swimming pools, and courts for basketball
horseshoes lawn bowl in shuffleboard and tennis as well as parking, restrooms
and other a urtenant improvements.
"Recreation facilities land" -means- city_owned property upon which
recreation facilities are located. The term includes property acquired b the
city with recreation facilities land funds for the develo meat of recreation
facilities. Recreation facilities land may adjoin open space land in the same
ark.
"Residential development" includes all single-family, mobile home duplex,
triplex, and multiple-family dwellin s hotels motels and interval ownership/
timesharin units. The term does not include nursing homes adult congregate
living facilities or rou homes. The dwelling unitequivalent of a hotel motel
or interval ownership/timesharing unit shall be calculated as follows:
Four 4 hotel motel rooms a ual one dwelling unit a uivalent•
(2) One interval ownership./timeshare unit equals one dwelling unit
equivalent.
"Resource-based recreation area" means open s ace land of -city-wide
significance,- as determined by the city commission. The term includes, but is
not necessarily limited to bodies of water, wetlands forests and scenic views.
Resource-based recreation area land may be left in its natural state or improved
with grass and landscaping, sidewaIks,pedestrian trails, boardwalks, fishing
-piers and docks, canoe trails, bicycle-trails,-benches, park lights, and other
improvements appurtenant to the Primary-use of enjoyment of the land's natural
resources by the _public. The land may not be improved with parking lots,
concession _stands, .restaurants, or other similar improvements.
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Division 2, Recreation Land and Facilities
Sec. 116.,40. Purpose.
The purpose of this division is to enable the city commission to implement
the objectives and policies of the recreation and open-space parks and Feepeat4ea
element of the Clearwater comprehensive plan which -was adopted on :tab^e -16,
y ke_neiala]_i.ef.nd-a..d future based -esrea4ienal lands, Sneleding
Sec. 116.45. Use of moneys and land.
(a) Nonrevocable trust funds shall be established to serve as depositories
for moneys 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 - or as may otherwise be approved by the citx
commission following a public hearing. Expenditures of such funds shall be made
in a timely manner. Funds shall be expended to benefit the areas in which they
were collected. The 'standard for expenditure of funds shall be as set forth in
policies 24.2.2.2 and 24.2.2.3 of the comprehensive plan of the city, which
state;
(1) Recreation facilities land funds shall be expended within a two 2
mile radius when used for the acquisition of community parkland, within a one (1)
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mile radius when used for the acquisition of neighborhood or mini-park Parkland,
or at an location in the city when used for the ac uisition of parkland to be
used for the-development of a special facility site when the site is based on a
recreational facility that is deemed to -provide city wide service; and
(2) Recreation facilities funds shall be expended within a two (2l-mile
radius when used for facilities placed in_a community park within a one (11-mile
radius when used for facilities laced in a neighborhood or mini-park, or at an
location in the city when used for a facility which serves as the basis for the
development of a special facility_site_providing citywide service.
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 this #he•
division shall be dedicated for public recreation purposes and shall be managed
in a manner consistent with the objectives and intent of this division.
Division 3. Open Space Land
Sec. 116.46. Purpose.
The purpose of this division is to enable the city commission to implement
the objectives and policies of the recreation and open_space_ F=Tnvu
element of the Clearwater comprehensive plan, whieh was adopted by Ordiriance
2216 90, to implement the coastal zene management element of the Glearwa
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medifieations, habitat, wildlife enhaneemeRt of air and water J
Lural systems.
Sec. 116.51. Use of moneys and land.
(a) A nonrevocable trust fund shall be established to serve as a
depository for moneys received as open space impact fees. Programming of fund
expenditures shall be included in the annual capital budget of the city, or as
may otherwise be approved by the city commission following a public hearing.
Expenditures 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 in accordance with policy 24.2.2.1
of the comprehensive tan of the c i t which states that open space funds shall
G be expended within a two (2)--mile radius when used for the acquisition of
community uar _ an_, within a one t1 mile radius when use-or the acquisition
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of neiahborhood or mini-Dark parkland. or at anv location in the city when used
for the acouisition of parkland to be used for the development of a resource-
based recreation area within a e-an ye- t -hr (66) mile Padius of the
assessed ppepept4es-. 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 this
division shall be dedicated for public open space purposes and shall be managed
in a manner consistent with the objectives and intent of this division.
Section 2. Sections 116.41 and 116.47, Code of Ordinances, are hereby
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Jr.
M. A. Galbraith
City Attorney
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repealed.
Section 3, This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING AS AMENDED
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Attest:
??.
Cyn h i a E. Cote eau
Cit Cleric
October 3. 1991
October 17, 1991
Mayor-Commissioner
Approved as to form and correctness: