HomeMy WebLinkAbout4/27/2017 - City Council - City Council Meeting Agenda Packet
CITY OF EAST WENATCHEE
COMMUNITY DEVELOPMENT DEPARTMENT
271 9TH STREET NE * EAST WENATCHEE, WA 98802
PHONE (509) 884-5396 * FAX (509) 886-6113
LBarnett@east-wenatchee.com
MEMORANDUM
To: East Wenatchee City Council and Mayor Lacy
East Wenatchee Planning Commission
Douglas County Commissioners and staff
Eastmont Metropolitan Park District Commissioners and staff
From: Lori Barnett, Director
Date: April 27, 2017
Subject: Amendments to chapter 17.73 Open Space Standards
♦ March 24, 2015, Open Space Standards were adopted by the City Council and
County Commissioners.
♦ August 15, 2016 City and county planning staff met with the EMPD Board to discuss
a strategy for that entity to accept the funds.
♦ September 29, 2016, EMPD Board sent a letter to the city and county indicating that
they would not be willing to accept the “payment in lieu of” funds.
♦ October 17, 2016 Douglas County sent a letter explaining that they were unwilling to
accept the funds.
♦ November 15, 2016 first review of proposed amendments.
♦ March 7, 2017 East Wenatchee Planning Commission public hearing – voted to
continue the review process awaiting resolution of the payment in lieu of option.
♦ April 18, 2017 Douglas County Commissioners adopt interim regulations.
Initial issues:
• How to track the funds – who will do the accounting and monitoring
• Who (what entity) should be the signer of the agreement with the project applicant
• What could the funds be used for
Additional issues addressed during amendment review
• The percentage of the site required for the open space – originally 10 percent
• How to set the land value when determining the payment in lieu of amount.
• The timing of the payment under the payment in lieu of provision.
• How to process refunds
• What should be the timeframe for use of the funds
Revisions made for March 7, 2017 public hearing
Open Space Memo 4-27-2017
Page 2
Percentage of Site: The Park District adopted a revised Parks and Recreation
Comprehensive Plan in 2014. The level of service (LOS) adopted in the Park District
Plan is 6 acres of park land per 1,000 population.
Supports 5% - demonstrates that the standard is not arbitrary.
Market value of open space. Appraisal of property was included as a condition.
Residential Medium Density District (17 samples) –
Assessor’s Market Value ranged from $11,882 to $33,240 per acre - average
of $22,206 per acre.
Sales ranged from $41,008 to $51,073 per acre.
Residential Low Density District (14 samples)
Assessor’s Market Value ranged from $10,000 to $29,082 per acre - average
of $19,785 per acre.
Sales ranged from $34,518 to $47,408 per acre.
Timeframe for use of funds, refund process, and payment due dates were included
based upon Impact Fee Provisions in state law and other jurisdictional examples
City agreed to be the fiscal agent for the Park District
Revisions made after March 7, 2017 public hearing draft (attached)
• Some revisions are simplifications taken from the Douglas County Interim Ordinance
• Removed Park District as a recipient of the funds. They need to be collected by the
jurisdiction processing the land division project
• Reduced the deadline for spending to 5 years to be consistent with RCW 82.02.020
• Added a clarification that neighborhood parks need to be within 1 mile of the project
providing the funds but the money can be used for community and regional facilities.
Exhibit A
Amended Chapter 17.73 Open Space Standards (Draft 4-25-2017)
Page 1
Proposed Amendments
Chapter 17.73 OPEN SPACE STANDARDS
Sections:
17.73.010 Purposes.
17.73.020 Applicability.
17.73.030 Exemptions.
17.73.040 Standards for dedicationOn-Site Open Space.
17.73.050 Implementation.
17.73.060 Improvements.
17.73.070 Stormwater detention facilities.
17.73.080 Rights and duties.
17.73.090 Voluntary payment in lieu of dedicationElective optional payment in lieu
of establishing on-site open space/recreation area.
17.73.010 Purposes.
The purposes of this chapter are:
A. To ensure the general health, safety and welfare of the citizens of the City East
Wenatchee and the residents of Douglas County, living within the East Wenatchee
Urban Growth Area;
B. To establish a means of setting aside areas of land for basic recreation, parks and
open space needs created by new subdivisions, short plats, and binding site plans;
C. To equitably distribute the cost of providing parks and open space;
D. To mitigate any adverse impacts on neighborhoods without adequate parks, open
space and recreational facilities when approving new development;
E. To ensure compliance with the purposes of chapters 16.16 and 16.18 of the East
Wenatchee Municipal Code and RCW 58.17.110, as amended, which require that
local governments make appropriate provision for the establishment of parks, open
space and recreational areas at the time it considers approval of a proposed
subdivision;
F. To implement the goals and policies regarding open space and recreation in the
Greater East Wenatchee Area Comprehensive Plan.
17.73.020 Applicability.
This chapter applies to every subdivision, short plat or binding site plan of contiguous
land where any one of the following conditions is met:
A. The land to be divided equals 10 acres or more and is located wholly or in part within
the East Wenatchee Urban Growth Area;
B. Within the East Wenatchee Urban Growth Area, residential or mixed-use subdivision
or binding site plan creating 10 or more lots.
C. Projects meeting the standards provided in this chapter are not required to comply
with EWMC 17.72.230, as amended.`
Note: Text highlighted
in yellow has been
added or deleted since
the March 7, 2017
Public Hearing Draft
Exhibit A
Amended Chapter 17.73 Open Space Standards (Draft 4-25-2017)
Page 2
D. Open space created to comply with this chapter may be incorporated with the
requirements in the Greater East Wenatchee Urban Growth Area Design Standards
& Guidelines, as amended.
17.73.030 Exemptions.
Re-division of lots created after the adoption of the standards in this chapter are exempt
from any additional dedications ofrequirement to create an on-site open
space/recreation area; provided that future lots have access, as required by this
chapter, to the open space/recreation areas dedicated established in the original
project.
17.73.040 Standards for dedication On-Site Open Space.
The minimum usable open space/park recreation area dedicated for all divisions of land
for residential purposes subdivisions must be at least 10 5 percent of the total gross site
area. For commercial or industrial subdivisions, short plats and binding site plans, the
minimum usable open space/park recreation area dedicated provided shall be 5 percent
of the total gross site area. Required open space/park recreation area must meet the
following standards:
A. For the purpose of calculating the open space/park recreation requirement, the open
space/park recreation area must be separate and distinct from required yards,
setbacks, and landscaped areas. Up to 50 percent of the required open space may
consist of areas of native vegetation that are also allowed to fulfill the critical areas
buffer requirements in chapters 18.12 and 18.12A-F EWMC or stormwater facilities
that are designed for active and/or passive recreation opportunities in accordance
with this chapter and chapter 13.30 EWMC, as amended.
B. All open space/park recreation areas must include 2 or more facilities for active
and/or passive recreation, selected from the lists below. At least 1 of the required
recreation facilities must be from the list of active recreation facilities. This area may
include stormwater facilities that are designed for active and/or passive recreation
opportunities in accordance with chapter 13.30 EWMC, as amended.
1. Active Recreation Facilities.
a. Children's play equipment, such as slides, swings and play structures;
b. A paved hard court for activities such as basketball, tennis, pickleball, etc.;
c. A flat, open lawn area that may serve as a ball field for active play;
d. Other active recreation facility if approved by approval authority.
2. Passive Recreation Facilities.
a. Facilities for walking, such as trails, benches, etc.;
b. Picnicking facilities, such as picnic tables, shelters, etc.;
c. Public plazas;
d. Year-round water features such as a fountain, pond, stream, etc.;
e. Other passive recreation facility if approved by the approval authority.
C. Access to the open space/recreation area must be available to all residents of the
development through a designed and constructed accessible route throughout the
facility. The open space/park recreation area must have convenient access for
Exhibit A
Amended Chapter 17.73 Open Space Standards (Draft 4-25-2017)
Page 3
residents and for employees of the development. Access is considered convenient if
there is a paved, ADA accessible route to the facility. The open space/park
recreation area should be consolidated to provide maximum accessibility, visibility,
to minimize impacts to residential uses, and ease of maintenance. The requirement
that the open space/park recreation area be consolidated may be waived by the
approval authority if it finds that the residents of the development would receive a
greater benefit if the required open space/park recreation area were provided in
another configuration due to the unique topographic conditions or critical areas
requirements.
D. The open space/park recreation area should be designed and located in
consideration of existing and potential open space/park recreation areas on adjacent
parcels. This would facilitate consolidation with an existing facility or provide future
opportunities for consolidation of open space/park areas that are created on
adjacent properties.
E. Except where removal is required to meet active recreation requirements in this
chapter, existing trees and significant vegetation must be retained in open
space/park areas. This requirement may be waived if an alternate landscaping plan
for such areas is required or approved by the approval authority.
17.73.050 Implementation.
The required open space/recreation area must comply with the requirements of EWMC
17.72.250, as amended..
17.73.060 Improvements.
All improvements to the open space and recreation area proposed for dedication must
be completed or bonded for prior to final approval of the plat, short plat or binding site
plan unless the developer elects to utilize the provisions in EWMC 17.73.090.
17.73.070 Stormwater detention facilities.
Stormwater detention/retention facilities may be allowed as open space subject to the
provisions of this chapter and the criteria contained in chapter 13.30 EWMC. The design
of such facilities must minimize adverse impacts on the function (e.g., tree preservation,
play area, etc.) and quality of the open space.
17.73.080 Rights and duties.
The owners of open space have the following rights and duties subject to restrictive
covenants or other restrictions:
A. The right to locate recreational facilities, such as tennis courts, swimming pools,
picnic tables and fireplaces accessory to picnic tables designed to be used
exclusively for the use of residents of the development and their guests;
B. The right to locate pedestrian paths, bicycle paths and bridle paths;
C. The right to cover up to 10 percent of the land dedicated todesignated for the open
space/recreation facility with impervious surfaces reasonably necessary to exercise
the rights provided in subsections (A) and (B) of this section. An increase in the 10
percent limit may be granted by the administrator if the developer provides
justification that the additional impervious surface is needed to create a useable
recreation area;
Exhibit A
Amended Chapter 17.73 Open Space Standards (Draft 4-25-2017)
Page 4
D. The right to take whatever measures are reasonably necessary to protect and
maintain such land, or land or property adjacent thereto, or to correct a hazardous
condition posing a threat to life or limb;
E. The right to regulate access to or entry on the open space land; and
F. The duty to maintain the open space and recreation area in good useable condition
in compliance with the provisions of EWMC 17.72.250 (as enacted or as amended).
The open space/recreation area must be owned in common by the lot owners within
the project or by the homeowner’s association. Maintenance of the open
space/recreation area shall be the responsibility of the lot owners or the
homeowner’s association.
17.73.090 Voluntary payment in lieu of dedication Elective optional payment in
lieu of establishing an on-site open space/recreation area.
In lieu of providing the on-site open space/park recreation facility required by this
sectionchapter, the developer may elect to voluntarily provide a cash donationpayment
to the Eastmont Metropolitan Park District, Douglas County or the city of East
Wenatchee to fulfill the requirements of this chapter.
A. The request must be made in writing by the developer at the time of submittal of a
development application. for the project prior to submittal of a development
application.
B. The donationpayment provisions must be formalized in an agreement that will be
recorded with the Douglas County Auditorand become a covenant on the land.
1. All applicants and/or legal owners of the property upon which the development
activity is to occur must sign an agreement in a form acceptable to the entity or
jurisdiction that will be receiving the optional payment.
2. The agreement shall require the applicant to grant and record a lien as surety for
payment. The agreement shall stipulate the time of payment in accordance with
EWMC 17.73.090(F).
3. The agreement shall also set forth the refund options in EWMC 17.73.090(I)(1) in
the event the funds are not used or encumbered.
4. The rights and the covenants set forth in the agreement must run with the land.
B.5. The agreement shall be binding on all successors in title after being
recorded until released by the entity or jurisdiction receiving the funds.
C. The legislative authority of the jurisdiction receiving the payment in lieu of dedication
must take formal action to accept the donation.
C. Payment amount. The amount of the donationpayment will be determined using a
formula based upon the estimated cost that the developer would incur by creating
the open space/recreational facility required by this chapter using the following
guidelines: .
1. The estimated cost should must include the value of the land that would be
required for the on-site open space/recreation facility pursuant to EWMC
17.73.040. The land value shall be based upon the Fair Market Value of the
project site as determined by a qualified real estate appraiser. “Fair market value”
Exhibit A
Amended Chapter 17.73 Open Space Standards (Draft 4-25-2017)
Page 5
means the price in terms of money that a property will bring in a competitive and
open market under all conditions of a fair sale, the buyer and seller each being
prudently knowledgeable, and assuming the price is not affected by undue
stimulus. The Fair Market Value of the land shall be based on the average acre
value of the property within the development proposal, adjusted to reflect the
value of such acre of property excluding any improvements.
a. The land value shall be based upon the Fair Market Value of the project site
as determined by a qualified real estate appraiser. The date of the appraisal
shall be within 90 day of the execution of a payment agreement. The cost of
the appraisal, up to a maximum of $2,500, may be subtracted from the
payment made under this provision. The applicant must provide verification of
the appraisal cost.
b. The value of the land that would be required for the on-site open
space/recreation area shall be determined by the per acre value of the entire
parcel project site multiplied by the acreage amount of the required on-site
open space/recreation area.
Example for residential subdivision:
• Project Site Area: 20 acres
• 5% of site required for open space/recreation 20 x .05 = 1 Acre
• Fair Market Value of Project Site: $840,000
• $840,000/20 = $42,000 per acre value
• $42,000 x 1= $42,000 for open space/recreation area land value
The date of the appraisal shall be within 60 90 days of the execution of a
payment agreement. The cost of the appraisal, up to a maximum of $2,500, may
be subtracted from the payment made under this provision. Verification of the
appraisal cost shall be provided by the applicant; and
2. and The estimated cost of the proposed open space/recreation facilities and
access requirements specified in EWMC 17.73.040. Documentation of the
estimated costs must be provided by the developer.
D.3. A one-time administrative fee of $300 shall be paid by the applicant to the
jurisdiction accepting the funds.
E.D. Use of funds. The donated funds must be used for a park and recreation facility
meeting the following criteria:
1. The facility must be a public facility accessible to the residents of the new
development.
2. The location of the facility must bear a reasonable relationship to the use of the
facility by future inhabitants of the development.
a. Neighborhood parks must be located within 1 mile of the project site.
2.b. Funds may also be used for community and regional park and recreation
facilities.
Exhibit A
Amended Chapter 17.73 Open Space Standards (Draft 4-25-2017)
Page 6
3. The park facility must satisfy the adopted level of service standards and planned
improvements described in the Eastmont Metropolitan Park District Parks and
Recreation Comprehensive Plan, as amended.
4. The funds shall be used solely for the acquisition, development, and expansion
or upgrading of park and recreation facilities including the costs of engineering,
architectural plans, permitting, and financing.
5. The funds shall not be used for general maintenance or operation.
6. If bonds or similar debt instruments are or have been issued for the provisions of
park and recreation improvements, the funds may be used to pay debt service on
such bonds or similar debt instruments to the extent that the facilities or
improvements provided are consistent with the requirements of this section.
E. Timing of payment. Any payment of funds under this section shall be made in
accordance with the following provisions:
1. For residential projects the The developer has the following two options for
payment of the funds. The agreement must stipulate which option has been
selected by the developer:
a. Full payment must be made prior to recording the final plat, short plat, or
binding site plan with the Douglas County Auditor at the time of closing of the
sale of the first property. Unless an agreement to the contrary is reached
between the buyer and seller, the payment shall be due at closing of a sale
and must be made from the seller’s proceeds. In the absence of an
agreement to the contrary, the seller bears strict liability for the payment; or
b. Deferral of full payment. An applicant may request deferral of A request to
defer the full payment in lieu of open space for a period not to exceed 12
months from the date the subdivision, short plat, or binding site plan is
recorded with the Douglas County Auditor. A request for deferral must be
submitted prior to final recording of the development approval and must be
made on a form provided by and acceptable to the entity or jurisdiction
accepting the payment and must include the following information:
i. Name, address, phone number and e-mail of the applicant.
ii. The specific address, legal description, assessor’s parcel number of the
single-family dwelling for which the deferral is being requested.
iii. The registration number or other unique identification number for the
contractor that will be building the structure.
iv. The full amount of the payment.
v. The applicant requesting the deferral of the payment in lieu of must grant
and record a deferred payment lien against the property in favor of the
entity or jurisdiction accepting the payment in the amount of the deferred
payment. The deferred payment lien must include the legal description,
assessor’s parcel number, and address of the property, and must also be:
(a) In a form approved by the entity or jurisdiction accepting the payment;
Exhibit A
Amended Chapter 17.73 Open Space Standards (Draft 4-25-2017)
Page 7
(b) Signed by all the owners of the property, with all signatures
acknowledged as required for a deed, and recorded with the Douglas
County auditor’s office at the expense of the applicant;
(c) Binding on all successors in title after the recordation; and
(d) Junior and subordinate to one mortgage for the purpose of
construction upon the same real property granted by the person who
applied for the deferral of payment in lieu of fees.
vi. If full payment is not made in accordance with the deferral and in
accordance with the terms and provisions established herein, the entity or
jurisdiction entitled to the payment may institute foreclosure proceedings
in accordance with Chapter 61.12 RCW.
2. For commercial projects the payment must be submitted prior to issuance of a
certificate of occupancy.
3. Upon receipt of the payment, the entity or jurisdiction must execute a release of
the lien for the property. The property owner at the time of the release, at his or
her expense, is responsible for the cost of recording the lien release.
F. Accounting. The payment provided under this section shall be deposited in an
interest-bearing account, clearly identified as reserved for acquisition, development,
and expansion or upgrading of park and recreation facilities. All interest earned on
such funds shall be retained in the fund.
G. Deadline for expending funds. The funds shall be expended or encumbered for a
permissible use within 10 5 years after receipt, unless there exists an extraordinary
or compelling reason for the funds to be held longer than 10 5 years. In cases where
extraordinary or compelling reasons exist, such reasons shall be identified in written
findings approved by the governing board of the entity or jurisdiction holding the
funds. In determining whether the funds have been encumbered, they shall be
considered encumbered on a first in, first out basis.
H. Refunds.
1. If development approval expires without commencement of construction for the
project, the developer shall be entitled to a refund including the actual interest
earned on the payment. The developer must submit an application for such a
refund to the administrator within 30 days of the expiration of the project
approvals.
2. If the entity or jurisdiction receiving the funds fails to expend or encumber the
funds within 10 5 years of the date the funds were received, the funds shall be
returned including the actual interest earned on the payment.
a. The agreement referenced in subsection B above shall specify whether the
funds are to be refunded to the developer or to be refunded to the current
owner(s) of record of the property within the development that provided the
payment. Unless the agreement states otherwise any funds to be refunded to
the current owner(s) shall be equally divided by the number of lots within the
project without regard to lot size or value.
Exhibit A
Amended Chapter 17.73 Open Space Standards (Draft 4-25-2017)
Page 8
b. The entity or jurisdiction receiving the payment shall provide notice to all
potential claimants, identified in the agreement, that the funds may be
refunded. The notice to potential claimants must be sent by first class mail,
deposited with the U.S. Postal Service at the last known address of claimants
as noted in the records of the Douglas County Assessor or as specified in the
agreement.
c. The request for a refund must be submitted by the claimant in writing within
one year of the date the right to claim the refund arises or the date notice is
given, whichever is later.
3.d. Any payments that are not expended within these time limitations and for
which no application for refund has been made within the one-year period,
shall be retained and expended on eligible capital facilities.
4 t h S t S E4th S t S E
S Lynn AveS Lynn AveS Mary AveS Mary AveF
0 50 10025 Feet
City of East Wenatchee
This map is intended for general purposes only. The City of East Wenatchee makes no representation as to the accuracy or current condition of the data shown on this map.
Project Site 7.76 Acres5% Open Space .39 ac or 16,988 Sq. Ft.50% of Open Space in Stormwater Facility (8,827 Sq. Ft.)Combined Stormwater/Open Space as shown 17,340 Sq.Ft./.40 ac26 Lots - 1 lost for Open SpaceTotal Project Site Value $294,880 (based on sale price)Per Acre Value $38,000 Open Space Area Value $38,000 * .40 = $15,200 Playground equipment - $2,000 Lawn and irrigation - $8,000 Hardscape - $2,000Total Cost of Open Space $27,200
4/25/2017
Example Project
Combined Open Space Stormwater Facility
Example Site - Enchanted View