INTEROFFICE MEMORANDUM
TO: The Honorable Chairman and DATE: 9/23/2002 FILE: CAO 02-3235
Members of the Board
Of County Commissioners
County Attorney Neighborhood Parks Ordinance
BOCC: 10/01/02; 6:30 p.m., NPR
FROM: David Goldstein REFERENCES:
Assistant County Attorney First Public Hearing: 10/15/02; 9:30 a.m., DC
Final Public Hearing: 10/29/02; 9:30 a.m., NPR
It is recommended that the following be given formal consideration by the Board of County Commissioners:
DESCRIPTION AND CONDITIONS:
On July 16, 2002, the Board introduced the attached Ordinance Providing Requirements For Provision and Maintenance of Neighborhood Parks. The Board further directed staff to refer the Ordinance to the Citizens Ordinance Review Committee for recommendations. On August 14, 2002, the Citizens Ordinance Review Committee (CORC) met and recommended that the Ordinance be approved by the Board. CORC also made the following recommendations for changes to the Ordinance (a copy of the meeting minutes and a revised Ordinance reflecting the CORC and staff recommendations is attached):
Recommendations for Ordinance:
1. CORC recommended including Section 521 PUDs to the Ordinance.
Staff concurs with this recommendation and has revised the draft Ordinance to include Section 521.
2. CORC recommended that a developer not be required to replace trees under the Tree Ordinance that are removed as part of the development of a neighborhood park, and that any trees saved in the neighborhood park count as saved trees under the Tree Ordinance.
Staff does not take any position on this issue and recommends that this issue be addressed in the upcoming amendments to the Tree Ordinance.
3. CORC recommended amending the Ordinance to define neighborhood parks as open areas that include, but are not limited to, tennis courts, basketball courts, hike and bike trails, community pools, sports fields, areas for organized play, and other areas where the members of the community may congregate for recreational uses.
Staff concurs with this recommendation, but recommends that the definition of neighborhood park be expanded to read as follows: “Neighborhood Parks may include, but are not limited to, sports fields, tennis courts, basketball courts, hiking and biking trails, community pools, playgrounds, and other areas where members of the subdivision may congregate for recreational uses; provided, however, a minimum of twenty-five percent (25%) of the required Neighborhood Park acreage, and not less than one half (1/2) acre of each Neighborhood Park, shall consist of an unpaved open play area without trees and structures that impair open play. The required Neighborhood Park acreage may consist of single or multiple Neighborhood Parks; however, each Neighborhood Park shall be a minimum of one (1) acre in size”.
ALTERNATIVES AND ANALYSIS:
The Board of County Commissioners is requested to consider the following alternatives:
1. Accept staff’s recommendations, as set forth above, relating to the recommended changes by CORC to the Ordinance.
2. Do not accept staff’s recommendations, as set forth above, relating to the recommended changes by CORC to the Ordinance.
3. Accept some of staff’s recommendations, as set forth above, relating to the recommended changes by CORC to the Ordinance.
RECOMMENDATION AND FUNDING:
Staff recommends that the Board of County Commissioners approve alternative number 1, and direct staff to revise the Ordinance accordingly.
The County Attorney’s Office requests that the Board waive the evening hearing by a four fifth’s roll call vote as no evening hearing is available in New Port Richey until December and direct the Growth Management Department to advertise the ordinance for first public hearing on October 15, 2002 at 9:30 a.m. at the Historic Pasco County Courthouse, 37918 Meridian Avenue, Board Room, Dade City, Florida and second public hearing on October 29, 2002 at 9:30 a.m. at the West Pasco Government Center, Board Room, 7530 Little Road, New Port Richey, Florida.
No funding is required for this action.
DAG:ls
ATTACHMENTS: Proposed Ordinance
Minutes of August 14, 2002 CORC Meeting