Ordinance 2024ORDINANCE NO. 2024
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON
ADDING A NEW SECTION 12.10.055 TO THE EDMONDS CITY
CODE TO REQUIRE ALL SUBDIVIDERS TO PROVIDE PROPERTY
AND/OR AN IN LIEU PAYMENT FOR PUBLIC PARKS AND
RECREATION FACILITIES; ESTABLISHING THE "IN LIEU"
FEE; PROVIDING FOR APPROVAL OF PLANS; CREATING A
SPECIAL PARK IMPROVEMENT FUND FOR IN LIEU FEES;
AND ADDING A NEW SECTION 11.02.067 TO THE EDMONDS
CITY CODE REQUIRING AN IN LIEU FEE PRIOR TO ISSUANCE
OF A BUILDING PERMIT AND ADDING A NEW SECTION
12.14.063(8) REQUIRING DEDICATION OR AN IN LIEU
FEE FOR PLANNED RESIDENTIAL DEVELOPMENTS PURSUANT
TO PLANNING COMMISSION RESOLUTION N0. 601
WHEREAS, an increasing population has placed heavy
burdens on the use of existing park and recreational facilities
in the City of Edmonds, and
WHEREAS, as new residences are developed, provision
should be made for adequate park and recreational facilities,
and
WHEREAS, the in lieu fee established herein is a
reasonable and practical method for fairly assessing certain
subdivisions for their pro rata cost of providing adequate
park and recreational facilities, and
WHEREAS, pursuant to Planning Commission Resolution
No. _4,6Z. the City Council held a public hearing and at the
conclusion of the hearing determined that the following
ordinance is in the best interest of the public health,
safety and general welfare, and will not have any significant
adverse environmental impacts, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. A new section 12.10.055 is hereby
added to the Edmonds City Code to read as follows:
"12.10.055 Park Lands Dedication.
(1) Dedication and/or In Lieu of Payment Required__.
Every subdivider who subdivides property shall
either dedicate a portion of such property to the
City of Edmonds, for the purpose of providing
parks and/or recreation facilities, or make an "in
lieu of payment" in lieu of such dedication, or a
combination of such payment and dedication, as
determined by the City of Edmonds.
(2) In Lieu of Payment Required. An "in lieu of
payment" shall be required for all unimproved
single family residential lots whether created
prior to or subsequent to the effective date of
this section which were not part of a subdivision
or short subdivision that had otherwise dedicated
land to the public for park and/or recreation
purposes. In lieu of fees on duplex or multi-
family zoned properties shall be based on the
number of units permitted to be located thereon.
Said "in lieu of payment" shall be in the amount
as set forth hereinafter and such payment shall be
made prior to the issuance of a Building Permit.
(3) Amount of In Lieu Payment. When required by
the City as provided herein, or as required by
other provisions of this section, the amount of
any "in lieu of payment" shall be $ 360, rr
per lot or dwelling unit, whichever is the greater
amount.
(4) Dedication Proposals To Be Submitted. All
subdividers whether for a short subdivision or a
subdivision, are required to submit their proposal
for dedication and/or "in lieu of payments" at the
time the proposed division is reviewed by the
Planning Commission. In the case of a short
subdivision, the proposal shall be submitted to
the City Planner with the proposed short plat.
The Planning Commission or the City Planner as the
case may, be shall review the proposal together
with the plat or short plat and shall recommend to
the City Council whether the proposal for dedication,
"in lieu of payment", or combination thereof
should be approved, modified or otherwise revised.
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(5) City Council Approval. The City Council
shall review any proposal for dedication or "in
lieu of payment" or combination thereof and estab-
lish the requirement for dedication, "in lieu of
payment" or combination thereof. In the case of a
short subdivision or a subdivision all "in lieu of
payments" or dedications or combination thereof
shall be made to the City as a condition precedent
to final plat or short plat approval by either
the City Planner or the City Council.
Section 2. A new section 11.02.067 is hereby
added to the Edmonds City Code to read as follows:
"11.02.067 In Lieu of Park Dedication Fee. When
required by the provisions of the Edmonds City
Code, the payments made in lieu of dedication of
property for park and recreational purposes shall
be paid prior to issuance of the building permit.
Section 3. Park Land Dedication. A new Section
12.14.063 is hereby added to the Edmonds City Code to read
as follows:
"(8) Park Land Dedication. Dedication of land
for use as public park and/or recreational purposes
and/or an 'in lieu of payment' as required by
Section 12.10.055."
Section 4. ApplicabilitX. The provisions of this
ordinance shall apply to all subdivisions, short subdivisions,
Planned Residential Developments and unimproved lots for
which final approval has not been given by the City or for which
a building permit has not been issued, prior to the effective
date of this ordinance.
Section 5. Fund Created - Use of Payments. There
is hereby created a special fund entitled "Park Acquisition
and Improvement Fund". All payments made under the terms
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of this ordinance shall be placed in the "Park Acquisition
and Improvement Fund". Said monies shall be used for park
land acquisition and capital improvements to provide public park
and/or recreation facilities which are readily accessible to
and usable by the public and residents of the properties
which have made contributions to the Fund.
Section 6. Severability. If any section, sub-
section, clause, phrase or word of this Ordinance is for any
reason held to be invalid or unconstitutional by a Court of
competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of the
remaining portions of this Ordinance.
Section 7. Effective Date. This Ordinance shall
be in full force and effect five days after passage and
publication by posting as provided by law.
APPROVED:
MAYOR, H. H. Harrison
ATTEST/AUTHENTICATED:
._ J .y.r � J Lt�CG.r�-�-C.a�,L.,f-' L/ .'td'�CL-•7�J
CITY CLERK, Irerlt Varney Moran
APPROVED AS TO FORM:
OFFICZ OF THE CITY ATTORNEY
By
FILE WITH THE CITY CLERK: September 15, 1978
PASSED BY THE CITY COUNCIL: September 19, 1978
POSTED: September 20, 1978
EFFECTIVE DATE: September 25, 1978
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AFFIDAVIT OF POS`T'ING ORDINANCE
STATE OF' WASHINGTON )
COUNTY OF SNOHOMISH ) ss:
IRENE VARNEY MORAN being first duly sworn
on oath deposes and says that S he is over the age of eighteen
(18) years and is competent to testify as to the matter
stated herein.
On the Q day of 1978 , affiant
posted true and correct copies of the attached Ordinance No.
d passed by the City Council on the day of
197 8, at the three official posting places
for City notices which are the public bulletin boards at
the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmond Branch of the
United States Post Office
201 Main Street
Edmonds, Washington 98020.
DATED this .�<'���- day of 1978
(12
z
SUBSCRIBED AND SWORN to before me this p` day of
1979/.
r7
N` to _ Public in and for the
State of W s ington, residing
at �1 _ /