Resolution 6290006.15057
WSS /naa
10/2/85
RESOLUTION NO. 629
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON, REAFFIRMING CITY PRACTICE
AND POLICY FOR ACCEPTING VOLUNTARY CONTRIBUTIONS
OF MONIES IN LIEU OF DEDICATION TO MITIGATE
IMPACTS ON THE PARKS OF THE CITY OF RESIDENTIAL
DEVELOPMENT.
WHEREAS, the City of Edmonds, Washington, has adopted a
Comprehensive Parks and Recreation Plan (1980 -1985) by Ordinance
No. 2274, codified as Section 15.10.000 (E) of the Edmonds
Community Development Code, and
WHEREAS, said Plan outlines the minimum standards and
needs for developed park land within the various neighborhoods of
the City and its neighborhood and community parks, and
WHEREAS, the City has made a concerted effort to
implement this Plan since its initial adoption in 1974 but has
not yet been able to achieve the standards set forth either in
terms of available park acreage or in development of park
property the City already owns, and
WHEREAS, to help work towards the said standards the
City has in the past required dedication of lands or in lieu of
park contributions as set forth in Section 15.00.030 (A) of the
Edmonds Community Development Code, and
WHEREAS, the said Section currently provides for
payment of an in lieu of park dedication fee equivalent to
$300.00 per residential unit, said amount being equated to the
approximate value of the land in the area at normal residential
densities necessary to offset anticipated impacts, and
WHEREAS, this amount is still considered equitable in
light of current land values, and
WHEREAS, RCW 82.02.020 adopted by the State legislature
in 1982 prohibits development fees but provides for required
dedication of land and voluntary contributions to reduce direct
impacts of development, and
WHEREAS, the City staff has, since adoption of current
RCW 82.02.020, been complying with State law in its
interpretation and administration of Section 15.00.030(A) Edmonds
Community Development Code in accordance with the said statute
and the State Environmental Protection Act (SEPA) and Chapter
43.21C RCW, Chapter 197 -10 WAC and Chapter 20.15A Edmonds
Community Development Code, and
WHEREAS, the City Council's Community Services'
Subcommittee has reviewed bringing the City's current ordinance
structure into compliance with the provisions of RCW 82.02.020
and SEPA and has forwarded such matter to the Parks and
Recreation Department for review and recommendation, and
WHEREAS, the City of Edmonds has, is and will continue
to comply with the provisions of State statute as set forth in
RCW 82.02.020 regardless of any nonconforming provisions of
current City ordinance, and
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WHEREAS, the Edmonds City Council wishes to establish a
policy directing the staff to comply with the provisions of RCW
82.02.020 through utilization of SEPA and Chapter 20.15A Edmonds
Community Development Code during the interim period until it has
had an opportunity to review the report and recommendations of
its Planning Board, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council of the City of Edmonds
finds that as growth and development have occurred within the
City, the City has not been able to achieve established standards
for parks which were adopted by the City in Ordinance No. 2274
incorporated in the Community Development Plan in Section
15.10.000 (E). The Council further finds that the standards
adopted in 1975 are reasonable minimum standards similar to those
developed by nationwide studies and in use in other communities
of similar size and composition throughout the State of
Washington.
Section 2. The City Council directs the staff to
interpret and administer the provisions of the Edmonds Community
Development Code, specifically the provisions regarding in lieu
of park fees established by Section 15.00.030 (A) in accordance
with the provisions of RCW 82.02.020, Chapter 43.21C RCW, Chapter
197 -10 WAC and Chapter 20.51A Edmonds Community Development Code
to wit:
1. The City staff is directed to consider as a part
of the SEPA review whether any development subject to
SEPA review will have a direct identified impact upon
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the parklands of the City or upon the needs of the City
and its residents for enhanced park lands and
recreational facilities.
2. The City Council finds that the $300.00 in lieu of
park dedication contribution per dwelling unit
currently established by 15.00.030 is deemed to be a
reasonable approximation of the impact individual
dwelling units have on the City park system when an
impact on parks has been identified to be a direct
result of the the development. The Council directs the
staff to identify impacts that may exist, to determine
how the impacts may be mitigated and to seek the
voluntary cooperation of the developer in making
contributions to reduce such impacts when appropriate.
The Council by this resolution authorizes the staff,
through its Community Services Director, to enter into
voluntary agreements for in lieu of park contributions
for developments subject to SEPA review. Such
agreements shall specifically identify the capital
improvement or other expendure mutually agreed upon by
the parties as mitigating the identified impact.
3. Upon receipt of such funds, they shall be held,
used and distributed in accordance with RCW 82.02.020,
to wit:
A. Payments shall be held in an appropriate
reserve account established by the City's
Administrative Services Director and may only be
expended to fund capital improvements agreed upon
by the parties to mitigate the identified, direct
impact;
B. The payment shall be expended in all cases
within five (5) years of collection; and
C. Any payment not so expended shall be refunded
with interest at the rate applied to judgments to
property owners of record at the time of the
refund; however, if the payment is not expended
within five years due to delay attributable to
developer, the payment shall be refunded without
interest.
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4. In no event shall any charge or fee be levied, nor
contribution required, without identification in the SEPA process
of a direct impact on the City's parks system.
RESOLVED this 8th day of October , 1985.
APPROVED:
Lai VA a �/
MAYOR, LARRY S. It iAUG1419N
ATTEST /AUTHENTICATED:
TY CLERK, JACQUELINE G. PARRETT
FILED WITH THE CITY CLERK: October 4, 1985
PASSED BY THE CITY COUNCIL: October 8, 1985
RESOLUTION NO. 629
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