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a required street setback,the outdoor area must either be at least two feet above the grade of <br /> the closest adjoining sidewalk or separated from the street lot line by a minimum three-foot <br /> setback landscaped to create privacy. <br /> Figure 9-7: Example of Private Open Space in Front Setback <br /> b. Common open space may include: <br /> (1) Interior side setback areas which are contiguous with other on-site common open <br /> space areas; <br /> (2) Rear setback areas which are contiguous with other on-site common open space <br /> areas and which are not part of a street side setback area on corner lots. <br /> 9. Plans for outdoor and common areas shall be submitted for review and approval of the planning <br /> director prior to issuance of building permits. <br /> 10. A payment in lieu of providing the common or private open space may be approved by the <br /> planning director. <br /> a. The fee may be in lieu of up to 50%of the required onsite common or private open space, <br /> provided that the fee may be in lieu of up to 100%of the required onsite common or private <br /> open space where the subject property is within a half mile of an existing or.planned public park <br /> or trail consistent with the Everett Parks, Recreation, and Open Space Plan in effect at the time <br /> of application. <br /> b.The fee per square foot of common or private open space not provided shall be equal to the <br /> average capital cost per square foot of neighborhood parks as identified in the capital facilities <br /> element of the comprehensive plan. <br /> c. The payment shall be held in a reserve account by the City and may only be expended to fund <br /> a capital improvement for parks and recreation facility identified in the Everett Parks, <br /> Recreation, and Open Space Plan in effect at the time of application. <br /> d. The payment shall be expended in all cases within five years of collection. Provided that any <br /> payment not so expended shall be refunded with interest to be calculated from the original date <br /> the deposit was received by the City and at the same rate applied to tax refunds pursuant to <br /> RCW 84.69.100; however, if the payment is not expended within five years due to delay <br /> attributable to the developer, the payment shall be refunded without interest. <br /> Table 9-2: Multifamily Open Space Calculation (Example) <br /> az ORDINANCE Page 12 of 14 <br />