83-O-20ORDINANCE NO. 83-0-20
AN ORDINANCE AMENDING ARTICLE IX, PARAGRAPH
11, PUBLIC SITES AND OPEN SPACES, OF ORDINANCE NO.
79-0-26 OF THE CODE OF ORDINANCES OF THE CITY OF
EDGEWATER, FLORIDA: BY PROVIDING A STANDARD
AND A FORMULA FOR THE CONVEYANCE OF LAND FOR
PARKS AND OPEN SPACE; AN IN LIEU OF FEE FORMULA;
USE OF PROCEEDS; ESTABLISHMENT OF A TRUST FUND;
CRITERIA FOR CONVEYANCES OF LAND OR FEES, OR
BOTH, AND ESTABLISHING PROCEDURES FOR SAME;
PROVIDING FOR ADVERTISEMENT FOR THIS ORDINANCE
AS REQUIRED BY LAW; CONTAINING A REPEALER PROVISION,
A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, It is in the best interest of the health, safety and welfare
of the citizens of the City of Edgewater, Florida, to insure that development
within the city preserves land in its natural state for parks, open spaces, and
recreation as provided by Section 10 of the Comprehensive Plan of the City of
Edgewater, Florida, and
WHEREAS, Developers and land owners including builders of residences
and single family lots must provide their fair share for parks and recreation, and
WHEREAS, It is the intent of the City Council of the City of
Edgewater that the requirements of this Ordinance shall be in addition to all
other building and zoning regulations and policies provided by the Code of
Ordinances and shall be applicable to all zoning classificationswithin the corporate
limits of the City of Edgewater, Florida.
NOW THEREFORE BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
CFCTTr1N 1-
1. DEFINITIONS for the purpose of this Ordinance.
(a) "Developer" shall mean any person, partnership, corporation, or
trustee, undertaking any development as defined in this section.
(b) "Development" shall mean any subdivision, whether or not the
recording of a plat is required; any land on which a multiple family
.. I
dwelling unit, residential building or grouping of such buildings or
villas is to be built, including but not limited to rental cooperative
or condominium units and including land to be used for commercial
condominiums, hotels and motels or individual dwellings, the latter
including the construction of a single family residence on single
family lot or lots.
The term "Development" shall include any planned unit development or
district or part thereof.
2. REQUIREMENTS. As a condition precedent to the grant of any permits
following approval of final development plans, site plans, subdivision plats, or issuance
of a building permit, the developer shall deed land to the City of Edgewater, pay
a money fee in lieu thereof or provide a combination of the above, at the option
of the City Council, to be used for parks and open space as specified in this
Ordinance and according to the standards and formula set forth herein.
3. GENERAL STANDARD: FORMULA.
(a) It is hereby found and determined that the public interest,
convenience, health, welfare and safety require that five (5) acres of
land or equivalent money value be deeded or paid to the City foreach
one thousand (1,000) persons residing in the City to be devoted for
said park and open space purposes of this Ordinance.
(b) Formula for conveyance of land. To determine the amount of
land for parks and open space to be conveyed in accordance with the
general standard of five (5) cumulative acres per one thousand (1,000)
persons, the following shall be used:
Average number of persons per dwelling unit divided by 1,000 population,
divided by acres of land required, equals acreage requirement per
dwelling unit. Example for single dwelling unit:
3.03 divided by 1,000 = .015 acre per dwelling
5
-2- Ord. 83-0-20
C
(c) The following basis is to be followed in determining the amount
of land to be included:
Dwelling type
Acreage Requirement/D.U.
Single family
.015
Duplex
.015
Multi -family
.015
Mobile Home
.015
(d) For land zoned multi -family, the land dedication basis shall be
applied to the number of dwelling units included in the final
development plan.
4. FORMULA FOR FEES IN LIEU OF LAND CONVEYANCE.
(a) If it is determined that the proposed development does not include
any land designated by the Edgewater Comprehensive Plan as open
space, to serve the immediate and future needs of the City residents
and the developer is unwilling or unable to deed to the City lands
outside the proposed development that are so designated, then the
developer shall, in lieu of conveying land, pay a fee to the City equal
to the value of the land acreage that would otherwise have been
required to be conveyed as determined by the formula herein, and in
an amount determined in accordance with the provisions set out below,
such fee to be used by the City for acquisition of land and parks and
open space which is intended to exclusively serve the residents of
the City of Edgewater.
(b) The provisions of this subsection shall automatically apply to all
developments of twenty-five (25) dwelling units or less.
5. USE OF FEES. The fees collected hereunder shall be paid to the City
of Edgewater at the City Hall, 104 North Riverside Drive, Edgewater, Florida. All
such fees shall be placed in a reserve account in trust within the General Fund and
shall be known as the Reserve Trust for Lands for parks and open space. Monies
-3- Ord. 83-0-20
within the Reserve Account shall be used and expended solely for the acquisition,
improvement, expansion of City parks and open space land.
6. CRITERIA FOR REQUIRING BOTH CONVEYANCE AND FEE. In any
development of over twenty-five (25) dwelling units, the developer may be
required to convey land and pay a fee in accordance with the following formula:
(a) When only a portion of the land which the developer is required
to convey for parks and open space is to be conveyed, such portion
shall be conveyed for parks or local open space and a fee computed
pursuant to the provisions set out herein shall be paid to the City for
any additional land that the developer would otherwise have been
required to convey hereunder.
(b) When most of the land designated as parks and open space in
the vicinity of the proposed development has already been acquired
by the City and only a small remaining portion of the land in the
proposed development is needed to complete the site, such remaining
portion shall be conveyed by the developer and a fee shall be paid
by the developer in lieu of conveying the additional land which would
otherwise have been required to be conveyed, such fees to be in an
amount equal to the value of the additional land which the developer
would otherwise be required to convey and such fees to be used for
the improvement of other City parks and open space land in the area
serving the development.
7. If the developer objects to the fair market value determination, he
may submit an MAI appraisal showing the fair market value of the lands required
to be donated and final determination of said market value per acre of such
land shall be made by the City Council based upon such information submitted
by the developer. Should the developer's MAI appraisal not be acceptable to
-4- Ord. 83-0-20
the City, the City shall appoint another MAI appraiser. The City's MAI appraiser
and the developer's MAI appraiser shall select a third MAI appraiser and the fair
market value of the lands required to be conveyed, as determined by the three
appraisers, shall be binding upon the developer and the City. The cost of an
appraisal shall be a credit against any fees.
8. DETERMINATION OF LAND OR FEE. The City Council shall
determine whether to accept land or require payment of the fee in lieu
thereof, after consideration of the following:
(a) Topography, geology, access and location of land in the
development available for dedication;
(b) Size and shape of the development and land available.
(c) The feasibility of conveyance;
(d) Availability of previously acquired parks and open space property.
(e) Whether the developer owns or controls other land designated
in the Edgewater Comprehensive Plan or other lands.
9. CREDIT FOR PRIVATE OR PUBLIC OPEN SPACE. Where private
or public open space is provided in a proposed or existing planned unit
development or district in excess of the then requirement of Section 7.52, or
any amendment thereof, of the zoning code, partial credit, not to exceed fifty
percent (50%) of the amount of land required to be conveyed or payment of fees
in lieu thereof if the City Council finds it is in the public interest to do so.
Such space does not include required yards, parking, court areas, setbacks, and
other open areas required by zoning and building ordinances.
10. PROCEDURE.
(a) In the case of a subdivision for which a plat is required to be
recorded, as a condition of preliminary plat approval, the developer
shall agree in writing to convey land for parks and open space,
pay a fee in lieu thereof, or both, at the option of the City
Council at the time and according to the standards and formula
-5- Ord. 83-0-20
G
in this ordinance after a recommendation from the Planning
Commission and approved by the City Council at the time of
approval of the subdivision preliminary plat. At the time of approval
of the final subdivision plat, the developer shall convey the land and
pay the fees as previously determined by the City Council, but not
later than issuance of a building permit.
(b) In the case of a planned unit development for which a condominium
plat is required to be recorded, as a condition of site approval, the
developer shall convey land or parks and open space, pay a fee in lieu
thereof, or both, at the option of the City Council and according to
the standards and formula in this ordinance after a recommendation
from the Planning Commission and approved by the City Council at
the time of approval of the site plan, but not later than issuance of
a building permit.
(c) In all other cases, at the time of final approval of the final
development plan or site plan, or an application for a building permit,
the developer shall convey land, pay a fee in lieu thereof, or both,
at the option of the City as determined by the City Council in accordance
with this Ordinance.
SECTION 2. That the City Clerk is hereby directed to advertise this
Ordinance as required by law.
SECTION 3. That all ordinances and parts of ordinances and all
resolutions or parts of resolutions in conflict herewith be and the same are hereby
repealed.
SECTION 4. If any section, part of section, paragraph, clause, phrase,
or word of this ordinance is declared invalid, the remaining provisions of this
ordinance shall not be affected.
-6- Ord. 83-0-20
SECTION 5. This ordinance shall take effect immediately upon its
adoption by the City Council of the City of Edgewater, Florida, and approval
as provided by law.
This Ordinance was introduced by
This ordinance was read on first reading and passed by a vote of. the City Council
of the City of Edgewater, Florida at a — i meeting of said Council,
held on the JLO. day of 1983 and approved as provided by
law.
The second reading of this ordinance to be at a meeting
of the City Council of the City of Edgewater, Florida, to be held on the /9_4wday
of 1983.
ROLL CALL VOTE ON ORDINANCE NO. U-0-20 AS
/ FOLL�QWS-.
FIRST READING }('�_/`,
A OR
COUNCILMAN ZONE-CNr/J
COU ILWOMAN ZON WO
COUNCILMAN ZONE -THREE
I
•fi W • • I
SECOND READING
vjcd MAYOR
-7- Ord. 83-0-20
ATTFCT-
'
�,F. „V
i-
COU 1r
opted on second reading at a 4 meeting
of the City Council of the City of Edgewater, Florida and authenticated this
Zf)'t day of ,(`J.rc-1 , 1983.
✓/e-6r MA
Approved for legality and form.
4ATTO EY
�__7
-8- Ord. 83-0-20