ORD 84-09 IMPACTS OF DEVELOPMENT ON PARK & REC FACILITIESWDT: j t
4/10/84
ORDINANCE NO. 84-09
AN ORDINANCE OF THE CITY OF WINSLOW, WASHING-
TON, EXPRESSING THE CITY'S POLICY OF MITIGATION
OF IMPACTS OF DEVELOPMENT ON PARK AND RECREA-
TIONAL FACILITIES THROUGH DEDICATION OF LAND,
FEES IN LIEU OF DEDICATION AND OPEN SPACE
COVENANTS AND REPEALING ORDINANCES NO. 79-33
AND 82-11.
WHEREAS, the City Council of the City of Winslow,
Washington, finds as follows:
A. The increasing population of the City of Winslow is
placing heavy burdens on the use of existing park and
recreational facilities within the City of Winslow.
B. As new residences are developed, provision should be
made for adequate park and recreational facilities.
C. It is not practical to establish numerous small parks
in connection with each subdivision or development, depending
upon its size and location; and instead, it is desirable to
establish parks and recreational facilities in accordance with
the provisions of the Winslow Comprehensive Plan, the Winslow
Comprehensive Park Plan and future park plans.
D. The requirement of dedication of land and/or accepting
a fee in lieu of dedication of land, or both, is a reasonable
and practical method for fairly assessing subdivisions, short
plats and residential developments for a proportionate share
of the cost of providing adequate park and recreational faci-
lities and is a reasonable and practical method for providing
for parks and recreational facilities to serve the residents
of these developments, where a need for parks and recreational
facilities has been identified as a consequence of the
proposed development, now, therefore,
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. DEDICATION OF LAND WITHIN A DEVELOPMENT.
It is the policy of the City of Winslow to require the dedica-
tion of land within a proposed development where it is deemed
necessary for park and recreational purposes, as a condition
of final approval of a residential subdivision or short subdi-
vision, approval of any residential PUD, approval of any
permit issued under the Uniform Building Code for the develop-
ment of a multi-family residential development or mobile home
park or approval of any application for rezone to multi-family
uses; provided, that such dedication must be reasonably
necessary as a direct result of the proposed development.
Section 2. FEE AGREEMENT IN LIEU OF DEDICATION OF
LAND. If in the opinion of the responsible City agency or
official, the City's needs for parks and recreational facili-
ties would be best served by collection of a fee in lieu of
dedication of land, the City may in addition to or in alterna-
tive to requiring dedication of land, accept a voluntary
agreement by the owner of a proposed development for payment
of a fee in lieu of dedication, which payment would mitigate
in whole, or in part, a direct impact of the proposed develop-
ment on the park and recreational facilities of the City;
provided, that unless specifically agreed otherwise, any such
voluntary agreement shall be subject to the following
provisions:
a. The payment shall be held in a reserve account and
may only be expended to fund a capital improvement agreed upon
by the parties to mitigate the identified, direct impact;
b. The payment shall be expended in all cases within
five years of collection; and
c. Any payment not so expended shall be refunded with
interest at the rate applied to judgments to the property
owners of record at the time of the refund; however, if the
payment is not expended within five years due to delay attri-
- 2 -
butable to the developer, the payment shall be refunded
without interest.
Section 3. CRITERIA FOR REQUIRING DEDICATION OF LAND,
PAYMENT OF FEE OR BOTH DEDICATION AND FEE. The responsible
City agency or official shall determine whether dedication of
land, acceptance of a payment of a fee in lieu thereof, or
both the dedication of land and payment of a fee in lieu
thereof is most appropriate. The responsible City agency's or
official's decision shall be determined by consideration of
the following factors:
A. Compatibility with the City's Comprehensive Plan,
Comprehensive Park Plan or future park plans.
B. Topography, geology, access and location of land in
the subdivision or residential development suitable for
dedication.
C. Size and shape of the subdivision, short plat or resi-
dential development and the location of land suitable for
dedication.
D. The feasibility of dedication.
E. The proximity of the subdivision, short plat or
residential development to previously acquired park property.
F. The possibility of combining the land to be dedicated
for park purposes with existing park or recreational facili-
ties when the parcel to be dedicated does not exceed one (1)
acre in area.
G. The existence of covenants for open space as specified
in Section 4.
Section 4. OPEN SPACE COVENANTS FOR PRIVATE PARKS OR
RECREATIONAL FACILITIES.
A. Approval of Open Space Covenants. In determining the
need for dedication of land or acceptance of fees in lieu of
dedication, the responsible City agency/official shall consi-
der any proposed open space covenants for private parks or
- 3 -
recreational facilities that are made as part of a development
proposal. The City may approve open space covenants in addi-
tion to or in alternative to requiring dedication of land or
accepting agreements for fees in lieu of dedication, in order
to mitigate the impacts of a proposed development on City
parks and recreational facilities.
B. Credit for Open Space Covenants. Where private open
space for park and recreational facilities is provided in a
proposed subdivision, short plat or residential development or
proposed rezone to multi-family residential use and such space
is to be privately owned and maintained by the future resi-
dents of the subdivision or residential property, such areas
may, in the sole discretion of the City, be credited against
the amount of land which the City determines should be dedi-
cated and the value of such open space areas may be credited
against the amount of in lieu fees, provided that the City
finds it in the public interest to do so, and determines that
the following standards are met:
1. The yards, court areas, setbacks and other open
areas required to be maintained by the zoning and building
regulations are not included in the computation of such
private open space.
2. The private ownership and maintenance of the open
spaces are adequately provided for by written agreement.
3. The use of the private open spaces are restricted
for park and recreational purposes by recorded covenants which
run with the land in favor of the future owners of property
within the subdivision, short plat or residential development
and which cannot be restricted or eliminated without the prior
consent of the Winslow City Council.
4. The proposed private open space is reasonably
adaptable for use for park and recreational purposes, taking
- 4 -
into consideration such factors as size, shape, topography,
geology, access and location of the private open space land.
5. Facilities proposed for the open space are in
general accord with the intent of the Comprehensive Plan,
Comprehehsive Park Plan.
6. The open space and/or facilities will provide for
the park and recreational needs of the residents of the subdi-
vision, short plat, or residential development in such manner
as to reduce the impact on existing park or recreational faci-
lities within the City of Winslow or will reduce the need to
provide new park or recreational facilities within the City of
Winslow.
C. Recording Open Space Covenants. In those instances
where proposed open space covenants for private parks or
recreational facilities are approved under the provisions of
this ordinance, they must be recorded with the Kitsap County
Auditor as follows:
1. All such Open Space Covenants relating to subdivi-
sion shall be recorded at the time of the recording of the
final subdivision map or short plat.
2. All other such Open Space Covenants shall be
recorded with the Kitsap County Auditor within ten (10) days
of the date of approval by the appropriate agency of such Open
Space Covenants for private parks or recreational activities.
3. All recording costs shall be borne by the
applicant.
Section 5. PROCEDURES FOR COMPLIANCE WITH DEDICATION
AND FEE REQUIREMENTS.
A. Subdivisions, Residential Planned Unit Developments
and Rezones to Multi-family Residential Use.
An applicant for approval of a proposed subdivision,
approval of a proposed residential planned unit development or
- 5 -
approval of a proposed rezone to multi-family resiential use
is required to submit the following with his application:
1. Proposal for dedication of land, payment of a fee
in lieu of dedication or both, and
2. Any proposed open space covenants for private
parks or recreational facilities for which he seeks approval.
Such proposals shall be incorporated in the underlying
application and shall be received with the application accord-
ing to the procedures set forth in the Hearings Procedure
Ordinance. (Winslow Ordinance 76-19, as amended.)
Thereafter, the City Council shall determine whether
to require the dedication of land, accept payment of a fee in
lieu thereof, or both, and whether to approve any proposed
open space covenants for private parks or recreational
activities.
In the instances where the City Council determines to
require dedication of land, accept payment of a fee in lieu
thereof, or both, the dedication of land to the City or the
payment of a fee in lieu thereof or both shall occur prior to
the granting of preliminary plat approval of the subdivision
and prior to the enactment of any ordinance granting a rezone
to multi-family residential use or granting approval of any
residential planned unit development.
B. Multi-family Residential Development and Mobile Home
Parks.
A developer of a multi-family residential development
or a mobile home park is required to submit the following with
his application for a building permit:
1. A propOSal for dedication of land, payment of a
fee in lieu of dedication, or both; and
2. Any proposed open space covenants for private
parks or recreational facilities for which he seeks approval.
- 6 -
The Planning Agency shall thereafter review the propo-
sal in the course of its Site Plan Review of the proposed
project and shall determine whether to require the dedication
of land, accept payment of a fee in lieu thereof, or both and
whether to approve any proposed open space covenants for
private parks or recreational activities.
In those instances where the Planning Agency ulti-
mately determines to require dedication of land, accept pay-
ment of a fee in lieu thereof or both, the dedication of land
to the City or the payment of a fee in lieu thereof or both
shall occur prior to the issuance of any permits to the
applicant pursuant to the Uniform Building Code.
C. Short Plats.
An application for approval of a short plat is
required to submit the following with his application:
1. A proposal for dedication of land, payment of a
fee in lieu of dedication, or both and
2. Any proposed open space covenants for private
parks or recreational facilities for which he seeks approval.
The City Land Use Official shall thereafter review the
proposals and shall determine whether to require the dedica-
tion of land, accept payment of a fee in lieu thereof, or both
and whether to approval any proposed open space covenants for
private parks or recreational activities.
In those instances where the City Land Use Official
ultimately determines to require dedication of land, accept
payment of a fee in lieu thereof or both, the dedication of
land to the City or the payment of a fee in lieu thereof or
both shall occur prior to approval of the application for
short plat.
Section 6. APPLICATION OF THIS ORDINANCE.
A. The provisions of this ordinance shall apply to all
subdivisions which have not received preliminary plat approval
- 7 -
by the City Council, all short plats which have not yet been
approved, residential planned unit developments and rezones to
multi-family residential use which have not received final
approval by the City Council and multi-family developments and
mobile home parks for which a permit has not yet been applied
pursuant to the Uniform Building Code prior to the effective
date of this ordinance.
B. Dwelling units existing on November 24, 1979, shall
not be included in any City determination of need for
dedication of land or fees in lieu of dedication.
Section 7. SEVERABILITY. If any section, sentence,
clause or phrase of this ordinance should be held to be inva-
lid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the
validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 8. EFFECTIVE DATE. This ordinance shall be
in full force and effect five (5) days after passage and
publication by posting as provided by law.
Section 9. REPEALER. Ordinance No. 79-33 and
Ordinance No. 82-11 are hereby repealed.
ATTEST/AUTHENTICATED:
APPROVED:
MAYOR,' ALICE B. TAWRESEY~
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED~E CITY CLERK:
PASSED BY THE CITY COUNCIL:May 3, 1984
POSTED: June 8, 198~
EFFECTIVE DATE: June 13~ 198~
ORDINANCE NO. 84-09
April 17, 1984
- 8 -