9638-23 DocuSign Envelope ID:4149D79A-15E0-47E6-9796-689561566788
ORDINANCE NO. 9638-23
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE CLEARWATER
COMPREHENSIVE PLAN BY AMENDING THE RECREATION AND
OPEN SPACE ELEMENT TO PROVIDE FOR A NEW PARKS AND
RECREATION FACILITIES IMPACT FEE; CERTIFYING
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND
PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS the Local Government Comprehensive Planning and Land
Development Regulation Act of Florida empowers and requires the City Council of the
City of Clearwater to plan for the future development and growth of the City, and to adopt
and periodically amend the Comprehensive Plan, including elements and portions
thereof;
WHEREAS, Chapter 54 of the Community Development Code established the
Recreation and Open Space Land Dedication;
WHEREAS, Chapter 54 has not been updated, revised, or amended since 2008.
The methodology and calculation of the fees contained in the Recreation and Open Space
Dedication have not been updated since 1983;
WHEREAS, Tindale Oliver (now Benesch), who was retained by the City of
Clearwater ("City"), completed the Parks and Recreation Facilities Impact Fee Study
("Study"), dated May 23, 2022. This Study sets forth the calculation methodology and
data by which the City establishes the creation of a new Parks and Recreation Facilities
Impact Fee;
WHEREAS, this Park and Recreation Facilities Impact Fee is proportional and
reasonably connected to the need for additional public facilities and the increased impact
generated by new residential development;
WHEREAS, this Parks and Recreation Facilities Impact Fee is proportional and
reasonably connected to the expenditures of funds collected and the benefits accruing to
new residential development;
WHEREAS, the City Council finds it necessary, desirable, and proper to amend
the Comprehensive Plan in order to reflect the changing conditions;
WHEREAS, at a duly noticed public meeting the Clearwater Community
Development Board, pursuant to its responsibilities as the Local Planning Agency, has
reviewed this amendment, conducted a public hearing, considered all public testimony
and has determined that this amendment is consistent with the City of Clearwater's
Comprehensive Plan and recommended that the City Council adopt this amendment; and
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WHEREAS, the City Council has fully considered the recommendation of the
Community Development Board and testimony and evidence submitted at its public
hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA THAT:
Section 1. That the Recreation and Open Space Element of the Clearwater
Comprehensive Plan be amended to read as follows:
G. RECREATION AND OPEN SPACE ELEMENT
GOALS, OBJECTIVES AND POLICIES
G.1.2 Objective - The City of Clearwater shall continue intergovernmental
coordination with the private sector and other public entities to
increase public recreational opportunities and open space acreage.
Policies
G.1.2.1 Continue to enforce the adopted renreotien and ^non space
lond lterdinotien requirements of Chapter 54 of the City's
Community Development Code for the express purpose of
maintaining the existing levels of service of recreation lands
and facilities.
G.1.2.2 Funds collected under ded+eatkm Chapter 54 requirements
shall be expended at any location in the City when used for
recreation facilities and open space uses. to benefit the
d PR;eAt fem nihinrhT they WeFe GG"eGcerl, psnifinolly:
� .eGn-rvarr�
1 (leen mono f inrls shall be expended within o twe (2) mile radii is
when used fer the osni iisitien of oemmUnity parkland} within o
ene (1) mile radius when used fer the anon lisition of neighherheerl
parkland! er at an i Ienotien in the riga when used fer the
asol lisitinn of parkland to he used fer the development of a
rosea erne based resreatien area;
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2. ReGFeatiGR faE;ilities land funds shall be expeRded within a twe (2-)
^,� +�, ,
i
win a ene (1) mile rodus wheR used fE)F tht1acg1AiSitivrni--E)
Tneighherheed padd�nrl er at�R�Gatien in the City wheR Used
�"' ������ a "`��7 "
fer the aGq iicitir)n ^. the
paFk+l�and t^ bei used frir the deyelrinm^nt of o
SpeGial faG site when �e sit cd en nicm
aseaTe reatienal fac�Y
that is to PFE)Vide Git servTeecc-lR aGGE)FdaRGe with
established seFViGe radius guidelines;
Q. i eReereatlen fneilities funds shall he expended within e two (2) mil^
v
Failii ic�7us when used f9F faGilitiesplaGed on a GOFAMURity arL withiR
neighbWheads
G.1.2.3 Recreation facilities funds collected under Chapter 54
dediGatiGR requirements shall be expended in consideration of
the need for recreation facilities as determined by the
appliGatien Of the 6eFViee radius g uidelin^o onrl primary user
guidelines contained in this plan and in conjunction with other
considerations determined to be relevant by the Director of the
Parks and Recreation Department and approved by the City
Manager or designee.
G.1.2.4 Provide an incentive within the City's recreation facility impact
fee structure for private developers to provide affordable
housing dwelling units. rcreatienel oppe ities ffer—their
reeidentn
T'G.7'fQGTfCT
Section 2. 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.
Section 3. The effective date of this plan amendment, if the amendment is not
timely challenged, shall be 31 days after the Department of Economic Opportunity notifies
the City that the plan amendment package is complete. If timely challenged, this
amendment shall become effective on the date the Department of Economic Opportunity
or the Administration Commission enters a final order determining this adopted
amendment to be in compliance. No development orders, development permits, or land
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uses dependent on this amendment may be issued or commence before it has become
effective. If a final order of noncompliance is issued by the Administration Commission,
this amendment may nevertheless be made effective by adoption of a resolution affirming
its effective status, a copy of which resolution shall be sent to the Department of Economic
Opportunity.
PASSED ON FIRST READING April 20, 2023
PASSED ON SECOND AND FINAL July 20, 2023
READING AND ADOPTED
Ef
DocuSigned by:
ViatA, a"Sf
Brian J. Aungst Sr.
Mayor
DS
Approved as to form: Attest:
rDocuSigned by: DocuSigned by:
Oe,WU& �aUxr Lau
Eter;-13... 46f§FEB
Owen Kohler Rosemarie Call
Lead Assistant City Attorney City Clerk
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