9639-23 DocuSign Envelope ID: DEOA2CF1-3EBC-4525-AOC2-2EC506D2B060
ORDINANCE NO. 9639-23
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE BY REPLACING
CHAPTER 54 IN ITS ENTIRETY WITH A REVISED CHAPTER 54;
CREATING A NEW PARKS AND RECREATION FACILITIES IMPACT
FEE; PROVIDING FOR SECTION 54.01 PURPOSE; SECTION 54.02
DEFINITIONS; SECTION 54.03 APPLICABILITY; SECTION 54.04
CALCULATION OF IMPACT FEES; SECTION 54.05 METHOD AND
TIMING OF PAYMENT; SECTION 54.06 USE OF FUNDS; SECTIONS
54.21 — 54.25 RESERVED; SECTIONS 54.51 — 54.55 RESERVED;
APPENDIX A, ARTICLE XV.; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
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, the calculation of this Parks and Recreation Facilities Impact Fee is
based on the most recent and localized data;
WHEREAS, the accounting and reporting of this Parks and Recreation Facilities
Impact Fee collections and expenditures will be maintained in a separate accounting fund,
and those funds will be specifically earmarked for the use in acquiring, constructing, or
improving public facilities to benefit new users;
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;
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WHEREAS, this Ordinance is consistent with the City's comprehensive plan and
is in the best interest of the public health, safety, and welfare; and
WHEREAS, the City Council determines that the adoption of this Ordinance to be
in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA, THAT:
Section 1: Chapter 54 of the Community Development Code is amended as follows:
CHAPTER 54 PARKS AND RECREATION FACILITIES IMPACT FEE
Sec. 54.01. Purpose.
(1) The city council recognizes that growth and development in the city requires that
parks and recreation facilities be expanded to maintain adequate levels of service.
(2) The city has completed a parks and recreation facilities impact fee study which
updates the type, amount, and cost of projected parks and recreation
improvements needed to serve new growth and development.
(3) This chapter is to ensure that new growth and development provides for a
proportionate fair share of the costs of parks and recreation facilities needed to
serve that new growth and development.
(4) This new 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.
(5) This new 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.
(6) This chapter is consistent with the city's comprehensive plan and is in the best
interest of the public health, safety, and welfare.
(7) The city has determined that it is in the best economic interests of the citizens of
the city that certain forms of development be exempt from the requirements of
payment of the impact fees contained in this chapter.
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(8) The city hereby adopts and incorporates by reference, the `City of Clearwater
Parks and Recreation Facilities Impact Fee Study' prepared by Benesch dated
May 23, 2022, which sets forth the calculation methodology and data by which the
city establishes the creation of this parks and recreation facilities impact fee.
Sec. 54.02. Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Age restricted housing means those housing facilities or communities that are (1)
specifically designated and operated to assist elderly person under a state or federal
program; (2) intended for, and solely occupied by, persons 62 years of age or older; or
(3) intended and operated for occupancy by persons 55 years of age or older and at least
80 percent of the occupied units are occupied by at least one person 55 years of age or
older and provide a prohibition against residents 18 years of age or younger in the
recorded governing documents.
Impact fee account means a separate account established by the city for the purpose
of specifically earmarking funds collected under this parks and recreation facilities impact
fee.
Open space land means city-owned land established and maintained primarily to
provide vegetated breaks or vistas in the urban development pattern. 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 park lights.
Parks and recreation facilities proiect means and includes the acquisition of open
space land and construction of recreation facilities and improvements consistent with the
city's comprehensive plan and which increases the capacity of the city's park system.
This term includes the capital costs associated with the construction, reconstruction, or
improvements of facilities that have a life expectancy of at least 5 years; design,
engineering, and permitting costs; and other related construction costs required to bring
the facilities into service. The cost of repair and maintenance is excluded from this term.
Recreation facilities means buildings, equipment, and landscape features necessary
to provide for recreation activities, including but not limited to playgrounds, picnic
benches, baseball and softball diamonds, gymnasia, soccer fields, recreation centers,
swimming pools, and courts for basketball, horseshoes, lawn bowling, shuffleboard, and
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tennis, as well as parking, restrooms, and other appurtenant improvements. This term
includes the city-owned land upon which the facilities are located.
Residential development includes all single-family, duplex, triplex, multiple-family,
mobile homes, and age restricted housing uses.
Study means the `City of Clearwater Parks and Recreation Facilities Impact Fee
Study' prepared by Benesch dated May 23, 2022.
54.03. Applicability.
(1) It is the intent that the provisions of this chapter be applied to new residential
development proposed to be added within the corporate limits of the city, whether
the result of new construction or annexations of developed property_
(2) The following types of development shall be exempt from the parks and recreation
facilities impact fee:
(a) The alteration or expansion of an existing dwelling unit where no additional
units are created, and the use is not changed.
(b) The construction of accessory buildings or structures which will not increase
the number of dwelling units on the land.
(c) The replacement of a destroyed, demolished, or partially destroyed
residential unit where no additional units are created, and the use is not
changed.
(d) Any annexation or construction of single-family affordable housing dwelling
units.
(e) Any annexation of a residential development, whether single-family, duplex,
triplex, multiple-family, mobile homes, or age restricted housing, of seven
units or less.
(3) This chapter shall not affect, in any manner, the permissible use of property,
density or intensity of development, design and improvement standards, or other
applicable standards or requirements of this code.
Sec. 54.04. Calculation of impact fees.
(1) The parks and recreation facilities impact fee imposed for all building permit
applications submitted to and accepted by the city on or after the effective date of
this ordinance for residential development uses are set forth in Appendix A, Article
XV. of this code.
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(2) Any applicant who has applied for and is in the process of obtaining city
development approvals or building permits and has not paid the recreation and
open space dedication prior to the effective date of this ordinance shall have the
option to have the fee calculated in accordance with the recreation and open space
dedication or this new parks and recreation facilities impact fee, whichever is more
cost effective for the applicant. The option to have the fee calculated in accordance
with the recreation and open space dedication or this new parks and recreation
facilities impact fee shall also apply to applicants with city-approved development
agreements executed prior to the effective date of this ordinance.
(3) Construction of multi-family affordable housing dwelling units will receive a 50
percent reduction per dwelling unit. Annexations of multi-family affordable housing
developments of eight units or more will receive a 50 percent reduction per
dwelling unit. This reduction is reflected and set forth in Appendix A, Article XV.,
subsection e.
(4) A building permit applicant will receive a unit-for-unit impact fee credit for any
existing or previously removed dwelling unit(s) on the subject property. Validation
and verification of the existing or previously removed dwelling unit is required by
the applicant.
Sec. 54.05. Method and timing of payment.
(1) Payment of the parks and recreation facilities impact fee shall be made by certified
check, cashier's check, or any other form acceptable to the city attorney_
(2) Building permit. Payment of the parks and recreation facilities impact fees shall be
due and payable to the city prior to the issuance of the certificate of occupancy_
(3) Annexation. Payment of the parks and recreation facilities impact fees shall be due
and payable to the city prior to the second reading of the ordinance effectuating
the annexation.
(4) The payment of impact fees shall not entitle the applicant to a building permit or
final certificate of occupancy unless all other applicable land use, land
development, zoning, planning, building, concurrency, and other applicable
requirements, standards, and conditions have been met. Such other requirements,
standards, and conditions are independent of the requirement for payment of
impact fees required by this chapter.
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Sec. 54.06. Use of funds.
(1) An impact fee account shall be established to serve as the depository of funds
received as parks and recreation facilities impact fees.
(2) Impact fee expenditures for parks and recreation facilities projects shall be
included in the annual capital budget of the city, or as may be approved by the city
council.
(3) Expenditure of such funds shall be made in a timely manner.
(4) Funds may be expended at any location in the city when used for a parks and
recreation facility project.
Sec. 54.21 — Sec. 54.25. Reserved.
Sec. 54.51 — Sec. 54.55. Reserved.
APPENDIX A— SCHEDULE OF FEES, RATES AND CHARGES
XV. Parks and Recreation Facilities Impact Fee:
Fee per unit shall be as follows:
(a) Single Family (detached) Less than 1,500 sf $3,021.00
(b) Single Family (detached) 1,500 sf to 2,499 sf $3,358.00
(c) Single Family (detached) 2,500 sf or greater $3,762.00
(d) Multi-Family (including duplex and triplex) $2,024.00
(e) Affordable Multi-Family (including duplex and triplex) $1,012.00
(f) Mobile Home $1,847.00
(g) Age Restricted Housing (detached)* $2,576.00
(h) Age Restricted Housing (attached)* $1,551 .00
*Does not include Mobile Home Parks
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CHAPTER 54 RECREATION AND OPEN SPACE DEDICATI/1AI
ARTICLE 1 IN GENERAL
CdeG. 54.01. Defmni'r4aSGribed te them On this,
e
different meoninn•
Expansion meonc the addition of eight or more dwelling i hits +e o residential
nrenei4y. For the n��rnecec of�c anter, the also in ides t addition of 50
prvperc�rvT �arpv�.rvr TC. 'cr�cc� ccrrrrar.�v-err nvrrv�rav
more of land
Land ��Iue e fE)F undeveloped f
OF the just value for the land without any agriGUIRUFal exemption aoeording ta the GUFFent.
f
the term means the just value fE)r the land withOut
' 1
AtUFaI exemption
of the ne'inti nronertYa landSGape treatment with the planting ef onnroi�er
trees, shrubs and grass,
as well as ethe
beRGhes
e e sidewalks,
e
to provide fGF FeGFeatiGR
e f
benGhes
reGreatiGR
e e e melds, e
pools, and GE)UFtS
lawn bawling, shuffiebeard and
e e
tennis, as well as parking, i irestreems and ether annrtenant imnre�iemento
adjGiR en aGe land in the come nary
and renlanement With new huildiRgS er stn lnfi irec
family, mobile duplex,
dwellings, triplex andmultiple family
term does net indude nursiRg
assisted living
> adult eengregate living faGilities,
fE)IIOWs
equivalent;(1) Four hotel/ME)tel FOOMS equal ane dwelling unit
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trails,(2) One inteNal owneFship/timeshwe unit equals one dwelling unit equivalent.
Reseuree based reereatien area Fneans open spaee land E)f r:;itywide signifneanee,
as determined by the Gity GeFiqnqmssmen. The term ORGIudes, but is net neGessarmly limited
land may be left On OtS Ratural state er impreved with grass and landSGaping, sidewalks,
pedestriaR ,
benGhes, park lights and ether imprevements appurtenant te the , i I --Gf
with
parking c > stands,
See.54.02. Transition rules.
FOF appliGations pending an the effeGtive date of this e
any fee nE)tPIFeviously paid shall be due eR july 2004,
e
ARTICLE 11 RECREATION LAND AND FACILITIES
SeG. 54.21. Purpose of artm G!e;.
The nurneoe of this artiele is to enable the nits eemmiooien to implement the
ebieetiyeo anal nolieieo of the reereation anal engin onaee element of the eity
eemprehenoiye plan
See. 54. nliahilit of art„�rndef exemptions from aFtiel.
/9 it is thea intenrt that the nreyioiernro orf this urric-Iee,hhe applied- residential
t
of the
e
e
aGGerding to the fek)w�W.
with all applicable preVioiepo of this article
(b) All annexatiens ef residential dwellings ef eight dwelling units er mere sha#
(G) All expansmeR ef existing FeSOC—IP—At-m—Al t-jP-�.XeIE)PRq8Rt Whmr--h �A.Xmll -Add eight er mere
dwelling Wnito shall comply with all applicable proVioiono of this article
(d) All residential redevelopment whiGh will result on a net ORGrease of eight Gr more
dwelling Ynito shall cempls with all applicable nreVioiepo of this article
Ianrt impact fee preyioieno of seetien 54.23(i)/a\ I Inleoo -Otherwise indicated the
,
fee as required byse.,, �,rer
.,+ti ,�n rl '�2/',L,\,,,/�h,.,\•,.,f fewer th,.,,.,
eight e
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(b) All annexation Of Fesidential developments of fewelF than eight units shall be
oans -r,7
seetion 54.23 ;
(G) All none o ic���oci&Rtiol rdey nmontof feweF ha8ightWnitc•
" � `�re �i� �rt�cTrcraracv crr r-rccrcr ...�y�� rnrs
dwelling r rnits
the folleWiRg nonditie%
(a) Any paFGeI whiGh has pFevieusly met the r
r
PFE)vided development intensity does notexE)eed the level established by zaning er spedfieally autherized by site plan af
subdivision plat aPPFGvaI at the tome of land dedmeation ar payment On lieu
thelFeef. Should the appliGant seek to inGFease the intensity of use, the Gity
reserves the right te impose an additienal r
the arneunt of whiGh is the
Present Whish is proposed to he expanded
/b\ /fin\/ Property whiGh was the sr rbient of an agreement to annex o t Prier
Tp7T�TYT�T�i��Y-°°TTT �va�zrrc�cr�ccl.crrrcrrr -rn-rrr�3C �Cc�c�-pnvr
to the e#eotiye dote of this aldose is exempt fmm the ProVisions of this artiole
(G) Any prcei'-ostin`�'gagreements te previde epen spaGe, park er reGreatien lir-lama
estabimshed ther rvug h site Plan sr rhdiVisiep plot er apnexation Prooedr Tres shall
he honored by beth the pity and the affented PriVate PaFty
(d) D pment, reddey prrmep�Texpansien of properties le E;ated writ-iin tmhc
dOWRtGWR redevelopment area, designated as the GGITIMURity RedeveiGpFRent,
Area On Reselutien 02
> approved by the Gity Ex)mmission on Aug!Ist > r
54.23.
/� /J�sl�hall��be��++exempt from the Prayisions of this artnl
i
SSe/� o
based,Determonatmon of amount.
possible, te theeXAeRt
�nntained in the open 6Pane and rerreatinn study y prepared by the city whish
s
fee snhedr rle•
r
PnPI rlatioP noncictent with the level of sePiine prevailing in the pity ll
r a
fee as set forth in aPPendix A to this rode
level ef se the
r
all appliGable residential develepmeRtS
this Code
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(2) When the dedmeation FeqUiFements set feFth on subseetian (!)(a) of this seetion
arec+rc-provided for the use of resideRtS of prnpnseQevpmeRt. SuGh perivarc
is, tenniS ,
,
(I)(a) of this seGtien and sox peFGent ef the net residential area ef the parGe! epphat-.
(3) The Gity manager or the ,
,paGtfee shall be sfrierd by a land dediGGaatiGn, ,mese„ paymenOF a
Gangbonatmen theFeef. in making this determination, the oity manager and padis and
Feereatien direc-tor shall use as a basis the following GFiteria:
(a) Suitability ef land fGF Fermeation usage;
(b) Amount E)f land to be dedieateldr-;
/id\ Dlannerd re a n Reeds, as rdn Menterd in enmpreh • ,e plan•
Ta7--r�arrrrccrrc���-rttdrrrrc �-rv�Irrrcrrcca-rrr cvmprcrr j
/ Ability to maintain r ea+inn lands in a nest n�,e mann
��++,,��AA T �v�-rranT�Irrr�C��, c�.rr} �c �c�-rrarrrr��
. 54.24. Same Method and timing of
The transfeF ef land on satisfaGtien of the prevismens ef seGtian 54.23 shall be On fee
,
payment for reereation faemlities and On lieu ef land dedmeatiOn shall be On a fGrFR
anneptahle to the pity attnrne" and annnrrling to the following ssherl„le•
(a)Anne ie-afie .te- Ssen�padjng of the nrrdinanne effon�atinrrRTeXAtiGR
If the property isyanant nr ideyeleperd with loss than eight „nits and is prnpnserd
te be deyele, c . �veleped }tp�tGr mere „nits the fee shall he due in
n i,,nn}On�vrrw�ith the suplat or s+tom•
_ ubdiWsinn plat, Drier ppreyal and signature Gf the fino� rrl�
TcGGt.
(G) Site plan.- Prier to the issuaRGe of the iRitial buildiRg permit fer aRy Fesidem
dwelliRg on the prepert" If the rdeyelepment erder a„therizes phased
plan, then any eenveyanee shall OGGUF PlFier to the issuanee of the 0
building peFmit for the first phase and any monetary payment GeFreSPORding IG
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a phase shall be due PFiE)F tG issuanee of the initial building peffnit fGF sueh
(4) The Gity may, as a GePViGeto devPiepers, estimate e f t any time PFieF Wf1T al
deV81OPMeRt approval. The aGtual f f
shall be d8t8PMmRed at the tome the
foo is due aGGerding te the Ghed�ale set forth in paragraph /Z\ abeve.
CdeG. 54.25. Use of moneys and land
Pfegfamming ef fund expenditures shall be inGluded on the annual Gapital budget ef
healFing. ExpenditiblFes of sueh funds shall be Fnade on a timely manner. Funds shall
expenditHIFe of funds shall be as set forth On pa"Gies 24.2.2.2 and 24.2.2.3 of the
GOMPIFehensive pIaR of the e whiGh state,
land,(a) ReGreatien faemlities land funds shall be expended within a twe mile radius
when used far the aequisitien Of GE)ITImunity park
within a One Mile radil
when used fer the aGq uicitinn of neighborhood er mini park parkland er at any
s
Innetinn in the city When used fnr the aGq iisitien of perk lend to he used fnr the
o when site is heed nn a recreational
�� �.,^��}�deemed to
���t+L-acrTcrrttil�nc-r�--va�ca-vrrcrrccrccrcrorrar
fathat is deemed to GityWide oe Wino
(b) ReGreatien faGilities funds sh-all be expended within a twe mole radius wheF4
used�ferrfraan�m ie�aGed F1 I a GE) Unity park within a nne_mile radius when
iced fnr fanilitiec planed in a neighhnrhnnd nr mini park nr at any Innatinp in
e
the city when used fer a fan"", hieh conies as the basis for the develepment
ofo�ppa .aGility cite preyidinn G t�Wide semina.
develepmentr
PlFeGiSely these e
the parks and reereatien element of the eemprehensiye plan
(2) Lands and inteare6t6 aGq6lmred pursuant te the previlsie—ps; ef this artirde shall be
dedicated fer pi ihlie recreation purposes and shall he managed in a mapper
cnncictent with the nhiectiyec and intent of this article
ARTICLE 111 OPEN SPACE LAND
SeG. 54.51. Purpose of artaG!e;.
cemprehensiye plan
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article.See. 54.52. Applicability of article; exemptions from
(1) The , )f thms aFtmde shall apply to the addition to the building steek within
as follows
(a�ri1 new residential dley pment whether single family, d iplex triplex
r-rrcw�ucrr racy crn�-avec ��. � � �r'' FP�TT e
multifamily yr mobile hems o 8igiht 61 ni+c er mnrnj
/b�� new nenresidetial dy pmet invelving land of ene acGrre er mere in si`T
/ I R8W cnnstn Gti commenced after the filing of a neti+inn for ane a�n
T r-rrcvv-cvrrrrrcrc rrcvrrm�crrcca'urrcr �rrm�vrcT�crrrrvm-vr-crnrr�'cr rr
e
development, of the
within the E;GFPGFate limits of the GityL
(d) All expansien of existing residential whethelF single
e
duplex,
multifamily OF mobile
whieh Will FesUit on the additien Of
triplex, home,
eight OF FFIE)Fe units;
mnro in area Which Will result in an increase to the ci greet flnnr area of 50
r
increase of eight er mere residential dwelling units;
net increase of eight or mere residential rhniellinn units and Gn percent er mere
fleer area;
(h) All redevelopment of existing residential develOpMeRt tO RE)RresmdGRtmal
increase of 50 percent er more flenr area
cendlitinnss•
rider the previewsly established terms of annexa+in�all net heci chief++ +n an
adldlitinnal dedication requirement preyidedl development intensity renes net
e
evneed the level established by pecifically ai ithnriizerl by site plan nr
subdliyisinp plat approval at the time of land! dledlicatien or lies i
theFeef. Sheuld the applicant seek t�TGFeasse the intensity of�eteGity sh��
impose an adldlitienal fee the arrme int of which is the difference between the
to the preyisinps of this article fer the pertinn of the prefect which is prepesed
to be V7 d.
to july f f the effeGtive date ef this e
of this article
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(e) Any preexisting agreements to provide epen spaee, park or reereation land-,
estabimshed through site pIaR, subdiViSiOR plat or aRRexatmen prE)E;edUFes, shall
(d)np mm� recP nmar�tETexnoncien of nron�ie� eea Gatit IiR tl4-
e
dewntewn redeyelenment area, a udesignated as the Gemmnity Redeyelenment
Area inn ReJonlUtinn 0x_4 9, onnroy t Gi,Fty GOmmiccinn OR Di gi rs z002
,
shall be exempt from the nreyisiens of this arFiele
Saa34 63Tes Determona+ion of amount.
(1) The amount ef the epen SPaG8 iMPaGt fee te be assessed is established based en
the ratme between nUhlir enen�snpaaGe�ddeyeloped Ica-Iand Withi rthC�y The
annexation,(2) All new developfflent and of e
designee, shall be assessed an Openspaee land impaet fee as set eut on appendix A te this Cede. Far the expansiE)
existing prejeets, the open spaE)e land mnqpa6t fee shall be as set out On appendix A
to thms Cede,
(3) The Gity manager GIF the maRager's
with the adViGe and PeGemlrnendatieRof the parks and P8GFeatOE)R e
fee shall be satisfied by a land dedieatinn meney payment er a nemhina+inn
direster shall use as a basis the feliewing criteria:
(a\ Rreseniatinn of en\/Irnnm
taTrTc�cry'a'nvrrvrcrrvn-vrrrrrseRsfLive reasi
(hyo) A"�'�-eyA t A-fcvf laPd- to d-tFC-af,--c-I I
/d\ Planned ()P8 "gute needs as do GUrFA anr+ed OR zhe cemrnr ' ie plan;•
(e) Ability to maintain open spaE)e lands On a oest effeetive FnanneF.
See. 54.54. Same Method and timing of payment
(1) The transfer E)f land satisfaetion E)f the PFE)ViSiens of seE)tmE)n 54.53 shall be by
d-P-ed c yiRg title in foo simple na;mane Rt E)PnpRspaGe ea JeMeRt GF yAit,rhT�
equivalent conveyance which would have the effect of nroviding the benefits of
recreating lend in perpetuity to the residents and visitors of the Giga to the
satisfaction of the Giga attorney
by certified check cashier's check OF cash
o
/Z\ Genyeyrnnrce of title, easement other tr�er of inntWes+ and aRry menatai
payment On lieu of land dediGatien shall be aGeerding te the feliewing sc-hedule:
the ordonanee effeetuating annexation.
(b) Subdivision phgt.-- PFiE)F te E)ity aPPFE)YaI and signature ef the final OF FeGOFd plat.
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dwelling OF nonFesidential StFUGtUFe on the PFE)peFty. if the development OFdeF
authWizes phased development, with eiewly delineated phase lines displayed
OR the approved plan Ryeyap allE)cGWr prier� OSSUaRe�T
, CST'-°may-�'� ,--p,-,�T
the initial hi mi ding permit fpr the fires phaco and any monetary payment
en�gte a phaco shall be due prier to the iss,panne of the initial
building permit fer sUnh phaco
SeA eA.66. Use of moneys and
(I A nenreVOGable trust fund shall be established te sewe as a depesitery fer meneys
reseiyerd as epee spare impart fees DregrammiRg of f,lnrd expenditures shall be
nelu ed On the annual eapital budget of the eity, OF as may othemise be applFeved
by the E;ity eemmissien following a publie hearing. ExpenditWes of suGh funds shall
be made On a timely mannelF. Funds shall be expended to PUFE;hase fee simple
apen spaE;e to benefit the owners E)f the assessed PFGpeFties. Funds shall be
expended on aGGE)Fdanee with pelmey 24.2.2.1 E)f the GE)IFFIffehensive plan Of the 04y,-
whoeh states that open spaee funds shall be expended within a twe mile radius
used fer the ane,iisitien of neiehherheed er mini park parkland er at any Ienatien in
,
the Gity when used fell:the aGqUisitien of park Iand te be used for the develepm
predude meeting preGisely these standards, the Gity resewes the right te substitute
the parks and renreat.en element of the nemprehensiVe plan
APPENDIX A— SCHEDULE OF FEES, RATES AND CHARGES
Y\/ RECREATION AND OPEN SPACE 1 010 —DEDICATION-,
(1) ReGFeatien land impaGt fee, per dwelliRg unit (see seGtieR 54.22 fer appliGability aP4
exemptiens)� 150 square feet per resideRtial dweiiiRg unit er a sun; ef meRey equal
to the land value.
(2) ReGreatien faGilities impaGt fee, per dwelling unit (see seGtien 54.22 fer appliGability
and evemptiens\• $200.00
(3) Open spaoe impaot fee (see seE;tmon 54.52 for applioability and exemptions and
sentien 64.53 fer determination of arae,int\•
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DocuSign Envelope ID: DEOA2CF1-3EBC-4525-AOC2-2EC506D2B060
(a) All new development and annexation shall be assessed an epen space land
amount of Fneney equal tE) fGUF peFeent of the land value,
/h�Fthe exnansion or redeV nmeRt Of GXOStiRg PFGjGGtS, on8R spaane�Iandd
irnpaGtfee shall be nemnuted as fellews.
1. Cor nonresideRtiali uses:
a. if the fIeer area ORGreases 50P8FeeRt er mnro of eXiSti;gar lessthr aR 1 00
nersente r gthe assessment shall equal twe nernent of the not land area of
the nroient er an amei int of maned equal to tWe nen+ent of the land value.
b. if the fleet area ineFeases 100 neFeent errT-reF8 of existing,, the assessFneenrt
2. Cor residentmalii�s
a. If PlFevieusly developed as Fesidential, the assessment shall equal fGUF
peFeent of the net land area attributable to the expanded nungbeF of units
er an omni int of maned equal to foi it nernent of the land value.
p. if previeusly deyeleped as nen residential and the floor area in ems 50
nernent or more of eviotiRg but loos than 100 nernent the aooeooment
e
shall equal twe nersent of the net land area of the nreient er an amen int of
maned equal to twe nernent of the land Mali e
G. If nreyiei isly deyelened as nen residential and the floor area innreases
100 nernent er more of existingthe assessment shall equal fei it neroent
e
of the net land area of the nreient er an amni int of money equal to fn-it
neroent of the land value.
Coding: Words in strikeout type are deletions from existing text.
Words in underline type are additions.
Section 2: Should any of the clauses, sentences, paragraphs, sections, or parts of this
Ordinance be deemed invalid, unconstitutional, or unenforceable by a court
of law or administrative agency with jurisdiction over the matter, such action
shall not be construed to affect any other valid portion of this Ordinance.
Section 3: This Ordinance shall become effective 90 days after the second reading
and adoption by City Council or October 1, 2023, whichever is later.
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DocuSign Envelope ID: DEOA2CF1-3EBC-4525-AOC2-2EC506D2B060
PASSED ON FIRST READING April 20, 2023
PASSED ON SECOND AND FINAL July 20, 2023
READING AND ADOPTED
DocuSigned by:
°UViatn, atUn.�S�
Brian J. Aungst Sr.
Mayor
DS
Approved as to form: Attest:
�. hf
DocuSigned by: DocuSigned by:A& Ek-0�� Lau
�FEE)
Owen o ler Rosemarie Call
Lead Assistant City Attorney City Clerk
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