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Home My WebLink About4119 OrdinanceORDINANCE NO. q /19 AN ORDINANCE AMENDING PMC TITLE 25 AND PMC 26 DEALING WITH PARK FEES, ESTABLISHING A NEW CHAPTER 3.133 -1 DEALING WITH PARK FEES, AND AMENDING PMC TITLE 3 REGARDING PARK IMPACT FEES. WHEREAS, the City of Pasco is required by State Law to determine that adequate provisions are made for parks and playgrounds within each subdivision, short plat and other divisions of property used for residential purposes; and, WHEREAS, without ensuring the adequacy of parks and playgrounds for new residential development the City is prohibited from approving new subdivisions; and, WHEREAS, the City of Pasco has fulfilled the State requirement for ensuring parks and playgrounds are provided with new residential development by the imposition of a park fee to cover the proportionate cost of park development attributed to new development; and, WHEREAS, the current park fee was established in 1997 with an annual 3.25 percent escalator; and, WHEREAS, the Community and Administrative Service Department has determined through a cost analysis that the current park fee has not kept pace with park development costs; and, WHEREAS, on March 21, 2013 the Planning Commission held a public workshop to review the costs of park construction. Information about said workshop was made available to the public through the City's website; and, WHEREAS, on April 25, 2013 the Planning Commission held a public hearing to consider amending the park fee. Notice of said hearing being provided in the Tri-City Herald and through the City's website; and, WHEREAS, on August 26, 2013 and September 9, 2013 the City Council conducted public workshops to review the proposed park fee amendments; and, WHEREAS, the City Council has determined that to further the purposes of maintaining a quality community and meeting the park and recreation needs of Pasco residents, it is necessary to amend PMC Title 25, Title 26 and Title 3; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That PMC Chapter 25.80 entitled "Park Fund Fees" be and the same is hereby repealed in its entirety. Park Fees — Page 1 Section 2. That PMC Chapter 26.12 entitled "Dedications for Parks and Playgrounds" be and the same is hereby repealed in its entirety. Section 3. That PMC Title 3 be and the same is hereby amended to include a new Chapter 3.133 -1 to read as follows: CHAPTER 3.133 -1 PARK IMPACT FEES 3.133 -1.010 PURPOSE ............................................................................... ..............................2 3.133 -1.020 FINDINGS .............................................................................. ..............................2 3.133 -1.030 IMPOSITION OF PARK IMPACT FEE .......................... ............................... 2 3.133 -1.040 APPLICABILITY ................................................................ ............................... 2 3.133 -1.050 EXEMPTIONS ..................................................................... ............................... 2 3.133 -1.060 DEFINITIONS ....................................................................... ..............................3 3.133 -1.070 IMPACT FEE REDUCTION .............................................. ............................... 4 3.133 -1.010 PURPOSE. The purpose of this Chapter is to ensure new residential development contributes a proportionate share to the capital costs necessary to provide parks, recreational open space and related amenities for residents of the City of Pasco. It is further the intent of this chapter to assist in the implementation of the City's Park, Recreation and Forestry Plan and Capital Facilities Plan. 3.133 -1.020 FINDINGS. The City Council finds and determines that residential development within the city will create additional demand and need for parks, recreation and open space within the city. The City Council further finds the city does not have sufficient resources to meet anticipated park and recreation needs created by new residential growth and that said growth should pay a proportionate share of the costs of park, recreation and open space facilities needed to serve new growth. It is the intent that the provisions of this Chapter shall be liberally construed to effectively carry out the purposes of the Council in establishing this impact fee. 3.133 -1.030 IMPOSITION OF PARK IMPACT FEE. A park impact fee as provided in PMC 3.07.240 is hereby imposed for the City of Pasco and is required for all new residential development. The park impact fee must be paid prior to the issuance of a building permit. Compliance with the provisions of this chapter is required prior to the issuance of a building /development permit authorizing construction of a residential park (mobile home park) in accordance with Title 19 and Chapter 25.40 (RP Zone). The total impact fee shall be based on the number of mobile home spaces to be authorized under the permit. 3.133 -1.040 APPLICABILITY. The park impact fee as provided in PMC 3.07.240 applies to all new residential development within the City of Pasco regardless of geographic location. 3.133 -1.050 EXEMPTIONS. The provisions of this chapter shall not apply to the following: Park Fees — Page 2 (1) Rebuilding of lawfully established dwelling unit(s) destroyed or damaged by fire, flood, explosion, act of nature, or other accident or catastrophe; provided, that such rebuilding takes places within one (1) year after destruction and provided no additional dwelling units are created; (2) Alteration, expansion, reconstruction, remodeling, or rebuilding of existing single - family dwellings, multifamily dwelling units, factory assembled dwellings and mobile homes; provided, no additional dwelling units are created; (3) Condominium projects in which existing dwelling units are converted into condominium ownership and where no new dwelling units are created. (4) Construction of residential accessory structures. (5) Installation of individual mobile homes or recreational vehicles within a residential park. 3.133 -1.060 DEFINITIONS. For purposes of this Chapter, the following terms shall have the indicated meanings: DEDICATED PARK LAND means a 5 acre parcel dedicated to the city with approval of a final plat and containing the adjoining infrastructure improvements. FULLY DEVELOPED NEIGHBORHOOD PARK means dedicated park land that is developed with lawn, an irrigation system, pathways, trees, playground equipment, ball courts and sun shelters according to a plan approved by the city prior to construction. INFRASTRUCTURE means curb, gutter, sidewalks, handicap ramps, street lights, fire hydrants, storm drainage facilities, road base, road pavement to the center line of the street, street signs, provisions for electrical power, one water stub and one sewer stub, site rough grading and hydro seeding for dust control. NEW RESIDENTIAL DEVELOPMENT means the construction or placement of single - family site built dwellings, factory assembled dwellings including mobile homes and multi- family dwellings within the City of Pasco. Included within this definition are the terms residential subdivision, apartment complex and residential park. OPEN RECREATION AREA means areas of land, at least improved with lawn and irrigation, intended and designed for unorganized, passive or active recreation and may include minor recreation improvements such as children's playground equipment and children's wading pool, provided such minor improvements do not occupy more than half (1/2) of the total open recreation area. Open recreation areas must equal at least 100 square feet of area for each dwelling unit within the development. Open recreation area shall not include parking lots, driveways and other automobile - oriented areas or recreation improvement areas and swimming pools as defined herein below. PARK IMPACT FEE means a payment of a fee imposed upon new residential development as a condition of development approval to pay for a proportionate share of the costs to provide park and recreational facilities needed to serve new growth and development. The Park Fees — Page 3 park impact fee does not include building permits or permit application fees or any other fee required of new development. PARKS, RECREATION AND FORESTRY PLAN means the Park, Recreation and Forestry Plan adopted by the City Council for the City of Pasco and used as a planning document that provides policies and guidance on developing citywide park and recreation facilities. RECREATION IMPROVEMENT AREA means an area developed with recreation facilities such as, but not limited to, basketball, tennis and similar playing courts, saunas, hot tubs, recreation buildings and similar improvements. Recreation improvements shall not include parking lots, driveway and other automobile - oriented areas, habitable buildings, swimming pools, or minor recreation improvements. SWIMMING POOLS. Means a pool for swimming which contains at least five hundred (500) square feet of water surface area and is at least four (4) feet in depth at the deepest point. 3.133 -1.070 IMPACT FEE REDUCTION. The base impact fee per dwelling unit may be reduced per the following: (1) Open Recreation Area. For new residential developments that provide one or more open recreation areas the base fee will reduced at the rate of one percent (1 %) for each ten (10) square feet of open recreation area per unit (as determined by dividing the total square feet of open recreation area by the total number of dwelling units), not to exceed thirty percent (30 %). (2) Recreation Improvement Area. For new residential developments that provide recreation improvement areas the base fee will be reduced at the rate of one percent (1 %) for each ten (10) square feet of recreation improvement area per unit (as determined by dividing the total square feet of recreation improvement area by the total number of dwelling units), not to exceed thirty percent (30 %). (3) Swimming Pools. For new residential developments that provide one or more swimming pools the base fee shall be reduced at the rate of one -half percent (1/2 %) for each square foot of water surface area per unit (as determined by dividing the total square feet of water surface area by the total number of dwelling units), not to exceed fifteen percent (15 %). (4) Dedication of Park Land. New residential developments that provide dedicated park land as a part of the platting process shall have the base fee reduced by fifty -eight percent (58 %). (5) Dedication of a Fully Developed Neighborhood Park. New residential developments that dedicate a fully developed neighborhood park shall have the neighborhood park portion of the impact fee waived. (6) Residential subdivisions with privately maintained and operated recreation facilities must contain final plat conditions ensuring the perpetual maintenance of the recreation facilities. Park Fees — Page 4 Section 4. That PMC Chapter 3.07 be and the same is hereby amended to include a new Section 3.07.240 to read as follows: 3.07.240 PARK IMPACT FEES A) Single - Family Dwelling 13) Multi- Family Dwelling C) All other dwelling units Base Fee /Charge Reference $1,300.00 3.133 -1.030 $1,300.00 3.133 -1.030 $1,300.00 3.133 -1.030 The base fee established herein shall increase by 3.25 percent on January 1 of each year without notice. Section 5. That PMC Section 3.29.010 be and the same is hereby amended to read as follows: 3.29.010 ESTABLISHED. There is established a fund to be called the "Park Fund." All moneys derived from the fees collected pursuant to Chapters 25.80 a-ad 2620 3.133 -1 shall be deposited in and disbursed from this fund only. All interest earned that is attributable to moneys in the fund shall be deposited in and credited to the fund. Section 6. That PMC Section 3.29.030 be and the same is hereby amended to read as follows: 3.29.030 DEPOSIT OF MONEYS. A) Ninety percent of all moneys derived from the fees collected pursuant to Chapters 25.80 and 26.20 3.133 -1 shall be credited to the account corresponding to the Neighborhood Park Planning District from which the fees were derived. B) Ten percent of all moneys derived from the fees collected pursuant to Chapters 25.80 and 26.20 3.133 -1 shall be credited to the account corresponding to the Community Park Planning District. Section 7. That PMC Section 3.29.060 be and the same is hereby amended to read as follows: 3.29.060 NEW AREAS. If monies are derived from the fees collected pursuant to Chapters 25.80 and 2 7(1 from areas not identified in Section 3.29.020, the Finance Manager shall identify said monies in an account within the park fund by the legal description of the land from which the monies were derived. The Finance Manager shall then notify the City Manager, the Administrative & Community Services Director, and the City Planner of the need to amend the ordinance to include the area from which the monies were derived in neighborhood and community park planning districts. In the event the area is not included in such districts at the time the monies derived therefrom are to be expended, their expenditure must be in a manner consistent with this chapter and consistent with the comprehensive park plan in effect at that time. Park Fees — Page 5 Section 8. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Co u cil f the Ci y of Pasco, Washington, and approved as provided bylaw this day of - 2013. Matt Watkins, Mayor At ( )0- 0 0 "� Debbie Clark, City Clerk Approve as Form: Leland B. Kerr, City Attorney Park Fees — Page 6