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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. -2- (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 -3- 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 -4- 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 _ /