ORD 79-33 IN LIEU PAYMENTS FOR DEVELOPERSORDINANCE 79 - 33
AN ORDINANCE OF THE CITY OF WINSLOW, WASHINGTON, REQUIRING
ALL SUBDIVIDERS, DEVELOPERS OF SHORT PLATS, DEVELOPERS OF
MULTI-FAMILY RESIDENTIAL DEVELOPMENTS, DEVELOPERS OF ALL
RESIDENTIAL PLANNED UNIT DEVELOPMENTS, DEVELOPERS OF ALL
MOBILE HOME PARKS, AND ALL APPLICANTS FOR REZONE TO
MULTI-FAMILY RESIDENTIAL USE TO DEDICATE LAND, PAY A FEE IN
LIEU OF DEDICATION OF LAND, OR BOTH, FOR THE PURPOSE OF
PROVIDING PUBLIC PARKS AND RECREATIONAL FACILITIES;
ESTABLISHING A FEE SCHEDULE FOR "IN LIEU" PAYMENTS;
PROVIDING FOR APPROVAL OF PLANS BY THE CITY COUNCIL; AND
CREATING A SPECIAL PARK IMPROVEMENT FUND FOR "IN LIEU" FEES
AND REPEALING ORDINANCE NO. 79 - 25 ·
The City Council cf the C~tv of Winslow, Washington, make
the fo_]]owing F~ndings of Fact:
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 adeauate park and recreationa3 facilities.
C. It ~s not practical te establish numerous small parks
in coDnect_~on w~th each subdivision or development, depending
upon its size and location; ~nd ~nstead, it is desirable to
establish psrks add recreational fac.~]ities in accordance with
the provisions of the Winslew Comprehensive Plan, the W~nslow
Comprehensive Park Plan and future park plans.
D. Because of the s~ze and configuration of the C~ty of
WiDS10~, it iS determined that all residences benefit from all
park facilities within the City of Winslow. Therefore, the
future occupants of any subdivision, short plat or residential
development falling within the provisions of this ordinance
would benefit equa~]y from park facilities located within the
proposed development itself or from the maintenance of,
improvements to or creation of park facilities located ~nywhere
w~thiD the City of Wins~ow.
E. The requirement of dedication of ]and and/or ~ fee
~]eu cf dedicatio~ of land, or both, is a reasonable an~
practical metbo~ for fairly assessing the described
subdivisions, short plats and resident]a] developments for a
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proportionate share of the cost of providing adequate park and
recreational facilities and is a redsenable and practical
method fcr previd]ng for parks and recreational facilities to
serve the residents of these developments.
F. The public interest, convenience, health, welfare and
safety require that five {5) acres of property for each one
thousand {1,000) persons residing within the City of Winslow be
devoted to city park an~ recreational purposes.
G. In those instances where dedication cf ]and is not
desirable and where instead a fee in lieu of dedication is
reauired, ~ased on the city's ability to acquire ]and by
condemnat]on for parks and recreational facilities, a
reasonable alternative valuation to the fair market value of
such ]aDd iS $0.50 per square foot.
H. This ordinance wilI not have any significant adverse
environmental or economic impacts.
Now, Therefore, The City Council of the City of Winslow,
Washington, DO ORDAIN as follows:
SECTION I. REQUIREMENTS:
As a condition of approval of a final subdivision map for
residential use, approva~ of any short plat, approval of any
residential planned unit development, approval of any permit
issued under the Uniform Building Code for the development of
any proposed mobile home park or multi-family residential
development or approval of any application for fezone to
multi-family residential use, the applicant shal~ de~icate
land, pay a fee in ~ieu thereof, or beth, at the option of the
appropriate agency ~escribed ~n Sect]on VII herein (hereinafter
the agency). for park and recreationa~ purposes according to
the standards add formula contained iD tb~s ordinance.
SECTION II. STANDARDS AND FORMULA FOR DEDICATION OF LAND:
Based on the criteria of need for f~ve (5) acres for each
one ~housand (l,000) people residing within the City of
Winslow, and the average occupancy rate of three (3) persons
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per dwelling unit, the amount of ]and required for dedication
sha]! be .015 acres per dwelling unit. In those instances
where the applicant c~n demonstrate an occupancy rate of two
12) or fewer persons per dwelling unit, the amount of ]and
required for dedication shall be .0]0 acres per dwe]~]_~ng unit.
SECTION III. FORMULA FOR FEES IN LIEU OF LAND DEDICATION:
A. GENERAL FORMULA: If in the opinion of the ~gency ]t is
not desirable to establish a park or other recreational
facility within a proposed subdivision, short plat or
residentia3 area, to serve the immediate or future needs of the
residents, and if the agency determines t~at a fee shall be
paid in lieu of land dedication, the subdivider or applicant
shall, at his option, pay a fee equal to either the fair market
value ef the land prescribed for ded]catiom under the
applicable formula of Section II, or $0.50 per square foot.
The fair market value shall be determined as of the date of the
filing of the application by the applicant for approval of any
subdivision, short p~at, residential development or fezoDe to
mu]ti-f~mi~y residential] use described ]n Section I, herein.
F~ir market value shall be determined by any MAI appraiser
acceptable to t~e agency.
B. USE OF MONEY: The money collected hereunder sha].l be
used only for the purposes of acquiring, developing and
maintaining parks and other recreational facilities to serve
the residents of the City of Winslew. All money collected
hereunder wi]~ be expended by the City of Winslow for such
purposes.
SECTION IV. CRITERIA FOR REQUIRING BOTH DEDICATION AND
FEE:
As an alternative to regu~ring e~ther the dedication of
]an~ or the payment of a fee in lieu thereof, the agency may
regu]re applicant to both dedicate ]and and pay a fee in lieu
thereof jn accordance witD the following formula:
When Only a portion of the ]and to be subdivided, short
platted, developed for residential use or rezoned to
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mult]-f~m~]y residential use is proposed on the City of Winslow
Comprehensive Park Plan or future park plans as the site for a
city park, such portion shall be dedicated for city park
purposes. In addition, a fee computed pursuant to the
provisions of Section III, hereiD, shall be paid for any
additional land that would have been dedicated under the
formula for dedication set forth ]D Section II, herein, had
dedication alone been required.
SECTION V. DETERMINATION OF DEDICATION OF LAND OR
PAYMENT OF FEE:
The agency shall dec]de whether the dedication of ]and,
payment of a fee in lieu thereof, or both the dedication of
land and payment of a fee ]D lieu thereof is appropriate. The
agency's decis]on shall be final and shall be determined by
consideration of the following factors:
A. Compatab]lity 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
residential development and the location of ]and 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 ]and to be dedicated
for park purposes with ex]stina park or recreational facilities
when the parcel to be dedicated does not exceed one (1) acre in
area.
SECTION VI. CREDIT FOR PRIVATE PARKS:
Where private open space for park and recreational
facilities is provided in a proposed subdivision, short plat or
residential development or proposed rezone te multi-family
residential use and such sp~ce is to be privately owned and
maintained by the future residents of the subdivision or
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residential property, such areas may, in the sole d~scret]on of
the agency, be credited ~ga]nst the requirement of dedication
for p~rk ~n~ recreational facilities as set forth in Section
II, heroin, or the payment of fees in ~eu thereof as set forth
in Section III, heroin, provided that the agency finds it in
the public interest to ~c so, aD~ ~etermines on the basis of
written findings of the City Engineer that the foilowing
standards are met:
A. The yards, court areas, setbacks and other open areas
required to be maintained by the zoning and bui!d~ng
regulations are not included in the computation of such private
open space.
B. The private ownership and maintenance of the open
spaces ~re adequately provided for by written agreement.
C. The use of the private open spaces are restricted for
par~ and recreational purposes by recorded Covenants which run
with the ]and ]D favor of the future owners of property within
the subdivision, short plat or res]dentia} development and
which cannot be defeated or eliminated without the consent of
the WinSlOw City Council.
D. The propose~ private open space is reasonably adaptable
for use for park and recreational purposes, taking into
considerat]on such factors as size, shape, topography, geology,
access and location ef the private open space land.
E. Faci]it~es proposed for the open space are in general
accord wit~ the intent of the Comprehensive Plan, Comprehensive
Park Plan and future park plans and are approved by t~e City
Engineer or b~s designee.
F. The open space ~n~/or facilities will provide for the
park and recreational needs of the residents of the
subdivision, short plat, short plat or residential development
in such man~er as to reduce the impact on existing park or
recreational facilities within the C~ty of Winslow or will
reduce the need to provide new park or recreational facilities
within the City of Winslow.
VII. PROCEDURE:
A. Subdivisions, Residential Planned Unit Developments and
Rezones tc Multi-family Residential Use.
An applicant for approval ef a propose~ subdivision,
approval of a proposed residential planned unit development or
approval of a proposed rezone to multi-family residential use
is required to submit the following with his application:
(]) Proposal for dedication of ]aDd, payment of a fee ]n
lieu Of dedication or both, and
(2) Any proposed open space covenants for private parks or
recreational facilities for which be seeks approval.
Such proposals shall be incorporated in the underlying
application an~ sha].] be received with the application
according to the procedures set forth in the Hearings Procedure
Ordinance (W]ns!ow Ordinance 79 - 3 ~ )-
Thereafter, the City Council shall determine whether to
require the dedication of land, payment of a fee in lieu
thereof, or both, and whether to approve any proposed open
space covenants for private parks or recreational activities.
ID t~e instances where the City Council determines to
require dedication of ]and, payment of a fee in lieu thereof,
cr both, the dedication of ]and to the City or the payment of a
fee ~m 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 reau]red to submit the following with his
application for ~ building permit.
(1) A proposal for dedication cf ]and, payment of a fee in
lieu of dedication, or beth; add
(2) Any proposed open space covenants for private parks or
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recreational facilities for which be seeks approval.
The Planning Agency shall thereafter review the proposal in
the course of its Site Plan Review of the proposed project and
shall determine whether to require the dedication of ]and,
payment of ~ fee in lieu thereof, or both an~ whether to
approve any proposed open space covenants for private parks or
recreational activities.
IP those instances where the Planning Agency ultimately
determines to reauire dedication of land, payment of a fee in
lieu thereof or both, the dedication of land to the City or the
payment cf a fee in lieu thereof or both shall occur prior to
the issuance of any permits to the appl]cant pursuant to the
Uniform Bui].ding Code.
C. Short Plats
An applicant for approval. of a short plat is require~. to
submit the following w]tb his application:
(1) A proposal for dedication of land, payment of a fee in
lieu ef dedication, or both and
(?) Any proposed open space covenants for private parks or
recreational facilities for which he seeks approval.
The City Engineer or b]s designee shall thereafter review
the proposals ~nd shall determine whether to require the
dedication of ]and, 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 City Engineer or bjs assignee
ultimately determines to reauire 8e~ication of land, payment of
s fee in ]Seu thereof or both, the dedication of !sna to the
City or the payment of s fee in lieu thereof or both shall
occur prior to approval of the application for Short Plat.
D. Recording of Open Space Covenants
In those instances where propose~ 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 Aud]ter as follows:
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f].) A]] such Open space Covenants relating to subdivision
shall be recorded at the time of the recording of the final
subdivision map.
(2) A]] other such Open Space Covenants shall be recorded
with the Kitsap County Auditor within ten (10) days of the
date of acceptance by the appropriate agency of such Open
Space Covenants for private parks or recreational
activities.
(3) The appeal of any decision made pursuant to the
provisions of this ordinance shall be in accordance with
the provisions of the Winslow Hearing Procedures Ordinance
( Winslow Ordinance 79- ~ ~ ).
SECTION VIII. APPLICATION OF THIS ORDINANCE:
T~e provisions of this ordinance shall apply to all
subdivisions which have not receive~ preliminary plat approval
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 whicb a permit has not been issued
pursuant to the Uniform Bujlding Code prior to the effective
date of this ordinance.
SECTION IX. CREATION OF A SPECIAL PARK IMPROVEMENT FUND:
There js hereby created a special fund entitled "Park and
Recreational Land Acc~uisition and Improvement Fund". All
payments made under the terms of this ordinance shall be placed
in said fund and said money shall be used for park ]and
acquisition, maintenance and capital improvements to provide
public park and/or recreational facilities within the City of
Winslow which are in accordance with the goals set forth in
this ordinance.
SECTION X. SEVERABILITY:
If any section, subsection, clause, phrase or word of this
ordinance is for any reason be~d to be invalid or
unconstitutional by a court of competent jurisdiction, such
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~nvs~]d]ty cr unconstitution~l~ty shall not affect the
or constitutionality of the rema~n]~ng portioDs
ordinance.
SECTION XI. EFFECTIVE DATE:
This ordinance sha]] become effective five (5)
publication or post]Dg as required by law.
SECTION XII. REPEALER:
Ordinance No. 7~ - ~3 is hereby repea!e~.
validity
of this
days after
PASSED by the City Council of
Winslow,
Washington,
ALICE B. TAWRESEY, MAY~
ATTEST:
OF MCKISSON, LEHNE AND ASSOCIATES
CITY ATTORNEYS
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