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Home My WebLink AboutO-1065 - Public land dedication requirements for developers (Repealed by 1132)CIT Y 0 F MAR Y S V ILL E Marysv~lle,Wash~ngton ORDINANCE NO /065 \ \ \ An ordInance of the CIty of MarysvIlle requIrIng all subdIvIders,developers of short plats,developers of mult1-fam1ly res1dentlal developments,developers of all resIdentIal planned unIt developments,and developers of all mob~le horne parks to ded1cate land,pay a fee In l~eu of dedIcatIon of land,or both,for the purpose of provld1ng publIC parks and recreat10nal faCIlItIes,and establlsh~ng a fee schedule for "In lIeu"payments THE CITY COUNCIL OF THE CITY OF ~~RYSVILLE,WASHINGTON MAKE THE FOLLOWING FINDINGS OF FACT A. The 1ncreas1ng populat1on of the CIty of Marysv1lle, and 1tS rap1d growth by annexat1on,IS plaCIng heavy burdens on the use of eXIstIng park and recreatIonal facllltles w1thln the eXIstIng and antIcIpated CIty 11m~ts. B. As new res1dences are developed,prOV1SIon should be made for adequate park and recreatIonal facl1lt1es. C.It 15 not pract1cal to establIsh numerous small parks In connect1on WIth each subd1v1slon or development,dependIng upon lts SIze and locat1on,and Instead,~t 1S deS1rable to establ1sh parks and recreat10nal fac~llt1es 1n accordance WIth the general needs of the cornmun~ty and the gUIdel1nes of the "Marysv1lle 2000" Comprehenslve Parks and RecreatIon Plan adopted by Resolut~on 884 on February 14,1978. D.Because of the Slze and conflguratlon of the CIty of Marysv1lle,1t 1S determIned that all resldents benefIt from all parks and recreat~onal facll1tles wIth1n the CIty lImIts,IncludIng the non- cont1guous portIon thereof known as Cedarcrest Golf Course.Therefore, future occupants of any subd1v1s1on,short plat or resldent1al development fall1ng w1th1n the provls1ons of th1S ord1nance would benef1t equally from parks and recreat10nal faCIlItIes located WIthIn the proposed development Itself,or from those acqUIred,developed and malnta1ned anywhere w1thln the CIty lImIts. E. The reqUIrement of dedIcatIon of land,or a fee In lleu of dedIcat10n of land,or both,IS a reasonable and practIcal method for faIrly asseSSIng subd1V1s1ons,short plats or res1dentlal developments for a proport1onate share of the cost of provIdIng adequate park and recreatIonal faCIlItIes,and 1S a reasonable and practIcal method for prov1d1ng for parks and recreatIonal fac1llt1es to serve the res1dents of these developments. Ordlnance/l F The publ~c ~nterest,conven~ence,health,welfare and safety requ~re that flve acres of property for each 1000 persons resldlng wlthln the Clty of Marysvllle be devoted to Clty park and recreatl0nal purposes. G.In those lnstances where ded1cat1on of land 1S not deslrable and where,~nstead,a fee ln 11eu of ded~catlon lS requlred,based on the Clty'S ab1l1ty to acqU1re land by condemnat1on for parks and recreat10nal fac~llt~es,a reasonable alternatlve evaluatlon to the fa1r market value of such land 1S $.50 per square foot. H.ThlS ordlnance w1ll not have any slgn1f1cant adverse envlronmental or economiC impacts. Now,Therefore THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS Section 1.Requ1rements.As a cond1tlon of the approval of a final plat for reSldentlal use,approval of any short plat for resldentlal use,approval of a planned unlt development,approval of a conditional use permit for a trailer or mobile home park,or approval of a bUlldlng permit for a multl-famlly residential development (excluding duplexes),the owner or appllcant shall dedicate land,pay a fee in lieu thereof,or both,at the option of the Marysville Clty Council,for park and recreational purposes according to the standards and formula contained in thlS ordInance Sectlon 2.Standards and Formula For DedIcation of Land. Based upon the crlterla of need for five acres of property for each 1000 persons resldlng WIthIn the City of Marysville,and based upon the average occupancy rate of 3 persons per dwelling unlt,the amount of land requIred for dedlcatlon shall be .015 acres per dwelllng unlt. In those instances where the appl1cant can demonstrate an occupancy rate of two or less persons per dwelling unit,the amount of land requlred for dedlcatlon shall be 010 acres per dwelling unlt Sectlon 3.Fees In Lieu Of Land Dedication. A Formula.If the City Councll determines that pursuant to the criterIa speclfled ln SectIon 5 of thiS ordinance that It IS not deSirable to establlsh a park or other recreatIon faCility wlthln the boundaries of a proposed development,and 1f the Clty determInes that a fee shall be pald ln lieu of land dedlcatl0n,the appllcant,shall,at hlS optlon,pay a fee equal to e1ther the falr mar\et value of the land prescribed for dedlcatlon undey the app:lcable formula of Sectlon 2 above,or $.50 per square foot,\JhlChever lS greater.The fair market value shall be deterQ1Ued as of the date of f i Lang the app Li.ca t i ori for c eve Lopmerrt . Sa i d value shall be certlfled to the City,at the cost of tne appllcant, Ordlnance/2~Ilioo-<_ ,.....-~.. .... J by an MAl appra1ser acceptable to the C1ty. B. Use of Mone~.All fees collected hereunder shall be depos1ted in the arks,Recreat10n and Open Space Fund establ1shed In Chapter 3.12 of the Marysv1lle Mun1cIpal Code,and shall be used only for the purposes of acqu1r1ng, developIng and maIntaIn1ng parks and recreat10nal faCIl1t1es to serve the resIdents of the CIty of Marysv1lle. Sect10n 4.Comb1nat1on of Land Ded1cat10n and Fees. As an alternatIve to requ1r1ng e1ther the dedIcation of land or the payment of fee 1n 11eu thereof,the C1ty CouncIl may requ1re an appl1cant to do a comb1natlon of both,prOVIded,that the total burden 1mposed upon the app11cant shall not exceed that Wh1Ch would have been Imposed pursuant to Sect10n 2 or 3 above,separately. Sectl0n 5.Crlterla for Clty Councl1 Determ1nat10n. The C1ty CounCIl shall dec1de whether the dedlcatlon of land,payment of a fee 1n 11eu thereof,or a comb1natlon of both,1S appropr1ate. Sa1d dec1s1on shall be flnal and shall be determ1ned by cons1derat1on of the follow1ng factors A Compat1b11Ity w1th the C1ty'S then current Comprehens1ve Parks and RecreatIon Plan. B.Topography,geology,access,and locat1on of land In the development wh1ch would be sUltable for dedIcatIon. C The prox1m1ty of the development to prevIously acqu1red park property or recreatIonal facll1t1es,and to eXIstIng and foreseeable populatIon concentrat10n. D The poss1b1l1ty of comb1n1ng the land to be dedlcated wlth eXIstlng park or recreat10nal faCIlItIes. Sectlon 6.CredIt for PrIvate Parks.Where prlvate open space for park and recreatIonal facll1t1es 1S prov1ded ln a proposed development,and such space IS to be pr1vately owned and ma1ntalned by the future resIdents of the development,such space may,1n the sole dlscret10n of the C1ty Councll,be cred1ted aga1nst the requ1re- ment of ded1cat10n for park and recreatIonal faC1l1t1es as set forth above,or the payment In fees 1n l1eu thereof,prov1ded that the CIty Councl1 fInds It to be 1n the pub11c 1nterest to do so and determ1nes that the follOWIng standards are met A The yards,court areas,setbacks and other open areas requ1red to be ma1ntalned by the zonIng and bUIld1ng regulat10ns are not Included In the computat10n of such pr1vate open space. B The prlvate ownershIp and maIntenance of the open spaces are adequately prOVIded for by wrItten agreement Ord1nance/3 ~ .~.'(~..- •~ J C. The use of the prlvate open spaces are restr1cted for park and recreatlonal purposes by recorded covenants Wh1Ch run w1th the land ln favor of the future owners of the property w1th1n the development,and WhlCh cannot be defeated or el1m1nated wlthout the consent of the Clty Counc11. D. The proposed pr1vate open space 1S reasonably adaptable for use for park and recreatlonal purposes,taklng lnto conslderat1on such factors as Slze,shape,topography, geology,access and locatlon. E Facllltles proposed for open spaces are In general accord w1th the 1ntent of Marysvllle's Comprehenslve Park and Recreatlon Plan,and are approved by the C1ty Councll. F.The open space and/or fac1l1t1es wlll provlde for the park and recreat10nal needs of the resldents of the development 1n such a manner as to reduce the lmpact on eX1stlng park or recreat10nal fac1l1tles wlthln the C1ty of Marysv1lle,or wlil reduce the need to provlde new park or recreat10nal fac1lltles wlth1n the C1ty. Sect10n 7.Procedures.All appl1cants are requ1red to subm1t the1r proposal for dedicatlon of land and/or payment of a fee 1n 11eu thereof at the t1me the1r appl1cat10n 1S flIed w1th the C1ty Plannlng Commlsslon,Board of Adjustment or BUlldlng Department.The rev1ewlng agency shall make a recommendat10n on sald lssue to the Clty Councll.The appllcant shall be notlfled of the date on whlch the Clty Countll wll1 conslder the recommendatlons.The declslon of the C1ty Councll shall be f1nal,subJect to reV1ew before the Snohom1sh County Superlor Court,lf an appllcatlon for such reV1ew 1S flIed wlthln twenty days of the date of the decls10n The appl1cant shall be requlred to comply wlth the declsIon of the C1ty Counc11 prlor to recordlng of fInal plat or short plat,or the lssuance of a COnd1tlonal use permlt or bU1ld1ng permlt relat1ng to the development Sect10n 8.Severabl11ty.If any sectl0n,subsectlon, clause,phrase or word of thlS ord1nance 15 for any reason held to be lnval1d or unconstltutlonal by a court of competent Jurlsdlct1on, such 1nvalidity or unconstltutlonallty shall not affect the val1dlty or const1tutl0nal1ty of the remalnlng port1ons of thlS ord1nance. ATTEST ~c1TYCLE PA~y the Clty Councl1 and APPROVED by the Mayor of Sm\o@r,1979. T~02LLE~ &;;:;~Z--~. APPROVED AS TO FORM fn~n:miffiE?4 ~ ~t Ordlnance/4 thls