Sequim city officials are considering a proposal to remove a mandate from city code for 10-percent of open space in new subdivisions within city limits.

The current requirement of 10 percent could be deemed unconstitutional, said Sequim city attorney Kristina Nelson-Gross at the Sequim City Council meeting on Feb. 13.

“It’s not the requirement of open space, but the specific 10 percent that is problematic,” she said.

Currently, new subdivisions require 10 percent of a site to be open with half of that required to be active space and the other passive or active, said Assistant City Manager Joe Irvin.

The city’s municipal code also requires developers of multi-family developments with five or more dwellings to provide at least 200 feet of usable space per dwelling, he said.

“Historically, these 10-percent set-asides have been leftover remnants that haven’t served usable open space,” Irvin said.

Irvin said the prompt for the change came from Nelson-Gross’ discovery. However, there haven’t been any complaints about the open space requirement since it was enacted, he said.

Generally, Irvin said complaints about fees include all of the city’s development fees including General Facility Charges.

After discussion on Feb. 13, city councilors narrowed their preference for city staff and city planning commissioners to consider a proposal amending the municipal code to require open space based on the population density for the single-family and multi-family residential projects.

The set ratio is to be determined, Irvin said.

In his notes to city councilors, he said an amendment could continue to require open space and create a certain ambiance, but it could lead to unpredictable and ambiguous expectations for residential subdivision and multi-family developers.

Park impact fees

City councilors also discussed possibly raising the park impact fees for single-family and multi-family residences and its possible impact on development.

City Councilor Genaveve Starr asked Irvin if raising the fees could be detrimental to the city.

“That’s the question we have to discuss,” Irvin said. “What is the amount of flexibility our builders have? Does it stifle future growth? In the past year, we’ve been issuing quite a few single family home (permits).”

City councilors adopted the park impact fees ordinance in March 2010 at 50 percent of the legal rate costing $1,975 for new single-family residences and $2,129 for multi-family residences.

Due to inflation, the fees are now $2,210 and $2,382, Irvin said, and recent funds since its inception went to paying off the loan for Keeler Park.

In September 2015, city councilors approved the option for builders to defer the final impact fee total until final inspection, the home is occupied or on the closing sale.

Deputy Mayor Ted Miller said he favored another option presented by Irvin to eliminate the 10-percent rule while raising the parks impact fee closer to 75 percent of the legal limit.

City Councilor Pam Leonard-Ray expressed concern for the effect on potential affordable housing developments.

“We know there are issues with affordable housing,” Leonard-Ray said. “Raising the impact fees could affect those people to a greater impact.”

City Councilor Candace Pratt said “impact fees are a hard pill to swallow but we need funding for parks.”

“We all need more park facilities and we’ve got to come up with the money for that,” she said.

Irvin discussed the 10-percent open space issue with the Sequim Planning Commission on Jan. 31, and briefly on Feb. 21. He plans to readdress it with commissioners on March 14. No date is set for a possible recommendation city councilors.

Reach Matthew Nash at mnash@sequimgazette.com.