SUBJECT/RECOMMENDATION:
Title
Approve amendments to the Clearwater Community Development Code to replace Chapter 54 in its entirety with a revised Chapter 54, creating a new Parks and Recreation impact fee system and pass Ordinance 9639-23 on first reading. (TA2022-10002)
Body
SUMMARY:
Proposed Ordinance 9639-23 replaces Chapter 54 of the Community Development Code in its entirety as the Chapter, including the methodology and calculation of the fees contained in the Recreation and Open Space Dedication have not been updated since originally developed in 1983. This section of the Community Development Code includes three components: Recreation Facility Fee, Recreation Facility Land Fee, and Open Space Fee. The “Florida Impact Fee Act” requires that impact fees be based on current data. Parks and Recreation recommends establishing a new impact fee structure based on the most current data.
Tindale Oliver (now Benesch) of Tampa, Florida, was retained to prepare a technical report that documents current conditions in Clearwater as the basis to establish a new impact fee system. The technical report documented the current cost, credit and demand components associated with providing parks and recreation facilities, along with a resulting fee schedule.
The purpose of the proposed impact fee system is to provide an updated equitable fee system based on current data to meet future parks and recreation growth needs of the city. The major differences between the current Chapter 54 and the proposed ordinance are summarized as follows:
1. Currently there are three fees: Recreation Facility Fee, Recreation Facility Land Fee, and Open Space Fee. Under the proposed ordinance there would be one fee: Parks and Recreation Facility Impact Fee.
2. Currently, residential development, overnight accommodations (8 dwelling units (DU) or more), non-residential development (1-acre or more) pay up to 4% of the value of land to be developed as Open Space Fee. Residential development, annexations, and overnight accommodations (8 DU or more) pay 150 square feet (sf) of land value per DU as Recreation Facility Land Fee. Residential development, annexations (8 DU or more), and overnight accommodations pay $200 per as Recreation Facility Fee. While the proposed ordinance replaces all three fees with one fee per residential dwelling unit or annexations (8 DU or more) according to the proposed Appendix A below:
Proposed Appendix A - Schedule of Fees, Rates and Charges
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
3. Currently, fees collected must be spent within a one-mile radius for neighborhood parks, two-mile radius for community parks, and anywhere in the city for citywide facilities and resource-based parks. Under the proposed ordinance fees collected may be used anywhere within the city limits.
4. Currently, affordable dwelling units are charged at the same rate as other residential dwelling units are, while under the proposed ordinance single family affordable dwelling units are exempt and there is a 50% reduction for multi-family affordable housing units.
5. Currently, all development within the Community Redevelopment Agency is exempt while under the proposed ordinance the exemption is eliminated.
6. The current impact fee system provides for staff to estimate fees; however, due to the length of the permitting process the fees may change as they are determined based on the value of land being developed. The proposed ordinance provides the applicant immediate information as to how much the impact fee is by using Appendix A.
7. Currently, payment of impact fees is no later than the date a vertical building permit is issued, while under the proposed ordinance payment is a condition of Certificate of Occupancy.
The Planning & Development Department has determined that the proposed text amendments to the Community Development Code are consistent with and further the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The Community Development Board (CDB) reviewed the proposed amendment at its meeting on March 21, 2023, and unanimously recommended these amendments for approval.
Adoption of this ordinance is contingent upon the adoption of the Comprehensive Plan Amendments (CPA2022-10002, Ordinance 9638-23) being processed concurrently, which is anticipated to occur in July following review and approval by the Florida Department of Economic Opportunity, various state agencies, and Pinellas County.