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HomeMy WebLinkAbout2140 OrdinanceORDINANCE NO. 2140 AN ORDINANCE relating to subdivisions and enacting a new chapter to Title 21 of the Pasco Municipal Code. THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section 1. Title 21 of the Pasco Municipal Code be and the same is hereby amended by enacting Chapter 21.26 to read as follows: 21.26.010 PROVISION FOR PARK/PLAYGROUND REQUIRED. To assure appropriate and adequate provision for parks, playgrounds, and other recreation facilities is made at the time of subdivision approval, the subdivider shall be required to dedicate, by warranty deed in fee simple, a parcel or parcels of land as selected by the city in such amount to be at least equal in value to the total value of park and recreation demand generated by the subdivision as determined in paragraph 2 below. Said land shall be exclusive of required subdivision improve- ments and free of any and all encumbrances, including all labor and material liens, or the subdivider shall provide a bond in lieu thereof. 21.26.020 DETERMINATION OF VALUE. a) Based on the proposed subdivision and the zoning classification assigned thereto, a total number of dwelling units expected to be contained by the subdivision shall be determined. Said total number of dwelling units shall then be multiplied by a base value of $200, the product of which shall represent the total value of the park and recreation demand expected to be generated by the proposed subdivision. b) The base value established in paragraph (a) above shall be reviewed annually and modified as necessary. 22.26.030 REDUCTION OF VALUE. The total value of demand determined in Section 21.26.020 shall be reduced where a subdivision includes any of the following recreation areas or improvements and the final plat provides assurance, deemed sufficient by the City Council, that said recreation area and improvements shall be perpetually maintained in a satisfactory manner by the owner and any future owners: a) Open Recreation Area: Where the subdivision provides one or more open recreation areas, the total area of which at least equals 100 square feet for each of the dwelling units expected to be contained within the subdivision, the basic value shall be 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 30 percent. "Open recreation area" shall mean areas of land, at least improved with grass and sufficient irrigation, Intended and designed for unorganized, passive or active recreation and may include minor recreation improvements such as children's standard playground equipment and children's wading pool, provided such minor -2- improvements do not occupy more than half of the total open recreation area; however, open recreation area shall not include parking areas, driveways and other automobile-oriented areas, building, swimming pools, or any recreation improvement included in subsection (b) below. b) Recreation Improvement Area. Where the subdivision provides recreation improvements, including but not limited to basketball, tennis and other similar playing courts, saunas, hot tubs, pacazzis, recreation buildings, and similar improvements, the base value shall 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%). Recreation improvements shall not including parking areas, driveways and other automobile-oriented areas, habitable buildings, swimming pools, or minor recreation Improvements included in subsection (a) above. c) Swimming Pools: Where the proposed subdivision provides one or more swimming pools, each of which contains at least five hundred (500) square feet of water surface area and is at least four (4) feet in depth at ont point, the base value shall be reduced at the rate of one and one-half percent (1 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%). 21.26.040 CASH PAYMENT IN LIEU OF DEDICATION. In lieu of dedication of land as required in Section 21.26.010, the City Council may, at its discretion, require a cash payment equal to the total value of park and recreation demand expected to be generated by the proposed subdivision as may be reduced in accordance with Section 22.26.030. The City Council may, at its discretion, require a combination of land dedication and cash payment provided the total combined value is at least equal to the total value of park and recreation demand. 21.26.050 DISPOSITION OF LAND AND CASH PAYMENTS. Any land deeded under the provisions of this Chapter may be held for future sale or for park/recreation use improvements; however, any such land not to be improved shall be offered for sale within three years from the effective date of the deed or before fifty percent (50%) of the subdivision is developed, whichever occurs later. The proceeds from the sale of any land dedicated under the requirements of this chapter and any cash payment in lieu of such dedication shall be deposited in the Park Acquisition and Development Fund established in Pasco Municipal Code 3,29 for use in accordance with the provisions relating to said fund. 21.26.060 APPLICATION. The provisions of this chapter shall apply to any subdivision or portion thereof receiving final approval subsequent to the effective date of this ordinance; however, preliminary plats properly filed for review or approved prior to the E,A. Snider, Mayor Pro Ten APPROVED AS TO FO eAAAIJS Dennis J. De 'elice, City Attorney yn Wells, City Clerk -3- effective date of this ordinance need not comply with the provisions of this chapter at the time of final approval of the subdivision or portion thereof provided the final plat contains a statement directing compliance with Pasco Municipal Code Chapter 22.66. Section 2. This ordinance shall be in full force and effect upon its passage and publication as required by law. PASSED by the City Council of the City of Pasco this 17 day of March , 1980. - AFFIDAVIT OF PUBLICATION COUNTY OF Franklin )ss STATE OF WASHINGTON Phyllis Graves , being first duly sworn on oath deposes and says she is the Principal Clerk of the Tri-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news- paper in Franklin County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copyaa legal advertisement Ordinance # 2140 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, for a period of one time earswiammeas, commencing on the 2 1st day of March , 1980 , and ending on the day of , 19 , and that said newspaper was regularly distributed to its subscribers during all of this period That the full amount of $ 125 35 has been paid in full, also at the rate of 23 in.@ 5.45 = 125.35 Subscribed and sworn to before me this 21st March 80 day of , 19 Notary Public in and for the State of Washington, residing at liettnevaelaa—,c1-6 huired In Section 2-1 26010,' the City Council may, at its discretion, require a cash 1- Payment equal to the total value of park and recrea- tion demand expected to be generated by the proposed subdivision as many be re- cued In accordance with Section 22 26 030 The City • Council may, at its dis- cretion, require a com- bination of land dedication and cash payment provided the total combined value is at least equal to the total value of park and recrea- tion demand 21 26 050 Disposition of, Land and Cash Payments Any land deeded under the provisions of this Chapter, may be held for future sale or for park/recreation use Improvements, however: any such land not to be Improved shall be offered for sale within three years from the effective date of the deed or before fifty Percent (SO%) of the sub- division Is developed, which ever occurs later The proceeds from the sale of any land dedicated under the requirements of this chapter and any cash Pay- ment in lieu of such dedica- tion shall be deposited in the Park Acquisition and Development Fund estab- lished in Pasco Municipal Code 3 29 for use In accord- ance with the provisions re- lating to said fund 21 26 060 Application The provisions of this chapter shall apply to any sub- division or portion thereof receiving final approval subsequent to the effective date of this ordinance, how- ever, preliminary Plats properly filed for review or approved prior to the effec- tive date of this ordinance need not comply with the provisions of this chapter at the time of final approval of the subdivision or iportion thereof provided the final plat contains a statement directing compliance with Pasco Municipal Code Chap ter 22 66 Section 2 This ordinance shall be In full force and effect upon its passage and publication as required by law Passed by the City Coun cil of the City of Pasco this 17 day of March, 1980 -s- E A Snider, Mayor Pro Tem Attest -5- Evelyn Wells, City Clerk Approved as to Form -5 Dennis J De Felice, City Attorney Legal No 7532 — Mar 21, 1980 Ordinance No 2140 An ordinance relating to subdivisions and enacting a new chapter to Title 21 of the Pasco Municipal Code The City Council of the City of Pasco does ordain as follows Section 1 Title 21 of the Pasco Municipal Code be and the same is hereby amended by enacting Chap- ter 21 26 to read as follows 21 26 010 Provisions for Park/Playground required To assure appropriate and adequate provision for Parks, Playgrounds, and other recreation facilities is made at the time of sub division approval, the sub divider shall be required to dedicate, by warranty deed in_, fee simple, a parcel or parcels of land as selected by the citi in such amount to be at least equal in val ue to the total value of park arm* recreation de-, mond generated by the sub- division as determined in fl paragraph - 2 below Sold fiend , shall be exclusive of 'required subdivision im- provements and free of any and all encumbrances, in- cludIng all labor and mate- , Hal liens, or the subdivider shall provide a bond in lieu thereof 21 26 020 Determination of I value ( a) Based on the proposed , , subdivision and the zoning classification assigned there- to, a total number of dwell- ing units expected to be contained by the subdivision shall be determined Sold total number of dwelling units shall then be multi- plied by a base value of $200, the product of which shall represent the total value of the park and rec- reation demand expected to be generated by the pro- posed subdivision b) The base value estab- lished in paragraph (a) above shall be reviewed an- nually and modified as necessary 22 26 030 Reduction of Val- ue The total value of de- mand determined In Section 21 26 020 shall be reduced where a subdivision includ- es any of the following rec- r eat I on areas or Improvements and the final plat provides assurance, deemed sufficient by the City Council, that said rec- reation area and improve ments shall be perpetually maintained in a satisfactory manner by the owner and any future owners a) Open Recreation Area, Where the subdivision pro- vides one or more open recreation areas, the total area of which at -least equals 100 square feet for each of the dwelling units expected to be contained within the subdivision, the basic value shall be reduc- ed at the rate of one per cent (1%) for each ten (10) square feet of open recrea tion area per unit (as de- termined by dividing the total square feet of open recreation area by the total number of dwelling units), not to exceed 30 percent ' Open recreation area" shall mean areas of land, at least improved with grass and sufficient irriga- tion, intended and designed for unorganized, passive or active recreation and may Include minor recreation im provements such as chil- dren's standard playground equipment and children's wading pool, provided such minor improvements do not occupy more than half of the total open recreation area, however, open recre- ation area shall not include parking areas, driveways and other automobile-orien ted areas, building, _ swim- ming pools, or any recreation improvement in ciuded in subsection (b) below b) Recreation Improve- ment Area Where the sub- division provides recreation improvements, including but not limited to basketball, tennis and other similar playing courts, saunas, hot tubs, lacuzzis, recreation buildings, and similar im- provements, the base value shall be reduced at the rate of one percent (1%) for each ten (10) square feet or recreation improve ment - area per unit (as de termined by dividing the total square feet of recrea tion improvement area by the total number of dwelling -units), not to exceed thirty percent (30%) Recreation improvements shall not in cluding parking areas, driveways and other au tomobile oriented areas, habitable buildings, swim ming pools, or minor recre otion improvements included in subsection (a) above C) Swimming Pools Where the proposed sub division provides one or more swimming pools, each of which contains at least five hundred (500) square feet of water surface area and is at least lour (4) feet in depth at one point, the base value shall be reduced at the rate of one and one half percent (11/2%) for each square foot of water surface area per unit (as determined by dividing the total square feet of water surface area by the tota l number of dwelling units) not to exceed fifteen per cent (15%) 21 26 040 Cash Payment in Lieu of Dedication In lieu of dedication of land as re-