Loading...
Ordinance 34400006.90000 WSS /gjz 2/6/03 ORDINANCE NO. 3440 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING A SIX MONTH INTERIM ORDINANCE AMENDING ECDC 20.35.080 IN ORDER TO CLARIFY THAT THE CITY COUNCIL, INSTEAD OF THE HEARING EXAMINER, SHALL MAKE FINAL DECISIONS ON PLANNED RESIDENTIAL DEVELOPMENT APPLICATIONS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Edmonds Community Development Code currently has conflicting provisions as to the review authority of the hearing examiner on Planned Residential Development (PRD) applications in that ECDC 20.35.080(A) provides that the hearing examiner makes final decisions on PRD's and ECDC 20.100.010(A)(3) provides that the hearing examiner only makes recommendations to the City Council on PRD's; and WHEREAS; PRD's have been judicially construed to constitute rezones, the final decision of which cannot be delegated to another body by the City Council; and WHEREAS, the City Council has previously adopted an interim zoning Ordinance No. 3416 which is about to expire, and expects the recommendation of its Planning Board within the next few months, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code Section 20.35.080 is hereby amended to provide as follows: {WSS536971.DOC;1/00006.900000/} - 1 - 20.35.080 Review process. A. An application for a PRD has two stages. The first stage, the Preliminary PRD, includes the following: 1. Pre - application Staff Review. The preliminary plans of the proposal shall be submitted to the Planning Manager for review and comment. This provides an opportunity for the developer to work with the City staff to design a total plan which best meets the goals of the City and the needs of the developer. Such potential problems as drainage, topography, circulation, site design and neighborhood impact should be identified and addressed before the proposal is submitted for formal review. 2. Optional Pre - application Neighborhood Meeting. If the project contains unusual or severe environmental problems or unusual compatibility problems with adjoining properties, the Planning Manager may require the applicant to host a public pre - application neighborhood meeting to discuss and receive public comment on the conceptual proposal. Should the applicant desire, they may choose to host a public pre - application neighborhood meeting even though one is not required by the Planning Manager. While this meeting will allow immediate public response to the proposal in its conceptual form, comments submitted during this meeting are not binding to the applicant or staff. However, staff may make general recommendations to the applicant as part of the formal application based on the input from this meeting to the extent that said comments are consistent with the adopted provisions of the Edmonds Community Development Code and Comprehensive Plan. 3. Review by the Architectural Design Board. The Design Board will review the project for compliance with the Urban Design Guidelines and/or the Single Family Design Criteria in Section 060 of this chapter and forward their recommendation of the site and building design on to the Hearing Examiner for his consideration. Their review will be at one of their regularly scheduled meetings, but will not include a public hearing or the ability for the public to comment on the project. 4. A Public Hearing With the Hearing Examiner. The Hearing Examiner will review the proposed PRD for compliance with this section and make a recommendation to the City Council on the Preliminary PRD (see ECDC Section 20.100 and 20.105 for the review process). (WSS536971.DOC;1/00006.900000/) - 2 - If the proposal is denied, a similar plan for the site may not be submitted to the development services department for one year. A new plan which varies substantially from the denied proposal, as determined by the development services director, or one that satisfies the objections stated by the City Council may be submitted at any time. An applicant who intends to subdivide the land for sale as part of the project shall obtain subdivision approval in accordance with Chapter 20.75 ECDC before any building permit or authorization to begin construction is issued, and before sale of any portion of the property. The preferred method is for the applicant to process the subdivision application concurrently with the Planned Residential Development proposal. B. The second stage of the PRD process, the final PRD, consists of the City's review of the final plans for consistency with the preliminary PRD approved by the City Council. The decision at this stage will be made by City staff unless the final PRD is submitted as a consolidated application with a permit that requires City Council review, i.e., a Formal Plat. The final PRD will be subject to the following review: 1. The applicant shall submit the final development plan to the development services director, conforming to the preliminary plan approved by the City Council, and all applicable conditions of that approval. The Planning Manager shall review the plan along with the City Engineer and make a final decision. The plan shall contain final, precise drawings of all the information required by ECDC 20.35.030. The applicant shall also submit all covenants, homeowner's association papers, maintenance agreements, and other relevant legal documents. 2. If City staff finds that the final development plan conforms to the preliminary approval, and to all applicable conditions, staff shall approve the plan and its accompanying conditions as a covenant which touches and concerns the subject property, incorporating by reference all maps, drawings and exhibits required to specify the precise land use authorized. A file shall be maintained by the development services department containing all maps and other documents or exhibits referred to in the approval. The approval shall also contain a legal description of a boundary of the proposal. The covenant shall be recorded with the county auditor if no subdivision plat is to be recorded. - 3. The provisions of approval shall be restrictions on the development of the site. Revocation of approval or {WSS536971.DOC;1/00006.900000/1 - 3 - abandonment as provided in this chapter shall eliminate all requirements imposed under the Planned Residential Development plan and shall cause the old underlying zoning requirements to be in full force and effect. Section 2. As required by RCW 35A.63.220, this ordinance shall expire six months from the date of adoption. In the meantime as further required by RCW 35A.63.220, the City Clerk is directed to schedule a public hearing on this ordinance within sixty days of its adoption and the planning board is requested to make a recommendation on a final version of this ordinance to be adopted by the City Council prior to its expiration. Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAY GAR AAKENSON ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ( &—c5t�& W. Scott Snyder FILED WITH THE CITY CLERK: 02/14/2003 PASSED BY THE CITY COUNCIL: 02/18/2003 PUBLISHED: 02/23/2003 EFFECTIVE DATE: 02/28/2003 ORDINANCE NO. 3440 {WSS536971.DOC;1/00006.900000/1 - 4 - SUMMARY OF ORDINANCE NO. 3440 of the City of Edmonds, Washington On the 18th day of February, 2003, the City Council of the City of Edmonds, passed Ordinance No. 3440. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING A SIX MONTH INTERIM ORDINANCE AMENDING ECDC 20.35.080 IN ORDER TO CLARIFY THAT THE CITY COUNCIL, INSTEAD OF THE HEARING EXAMINER, SHALL MAKE FINAL DECISIONS ON PLANNED RESIDENTIAL DEVELOPMENT APPLICATIONS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 19th day of February, 2003. CITY CLERK, SANDRA S. CHASE {WSS536971.DOC;1/00006.900000/1 - 5 - --- ... — 1...... ». a..vuc to the *department of community development by September 30, 1990. On or before June 30, 1991, each municipality that plans and zones under this chapter shall have adopted an ordinance or ordinances that are necessary to implement the findings of this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not adopted. [1989 c 335 § 5.] *Reviser's note: Powers, duties, and functions of the department of community development and the department of trade and economic development were transferred to the department of community, trade, and economic development by 1993 c 280, effective July 1, 1994. Findings — Purpose— Severability -1989 c 335: See notes following RCW 35.63.170. Definitions for RCW 35A.63.210: See RCW 35.63.170. 35A.63.215 Family day -care provider's home facility —City may not prohibit in residential or commer- cial area. No city may enact, enforce, or maintain an ordi- nance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day -care provider's home facility. A city may require that the facility: (1) Comply with all building, fire, safety, health code, and business licensing requirements; (2) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (3) is certified by the office of child care policy licensor as providing a safe passenger loading area; (4) include signage, if any, that conforms to applicable regulations; and (5) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day -care and who work a nonstandard work shift. A city may also require that the family day -care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the family day -care provider over licensing requirements, the licensor may provide a forum to resolve the dispute. Nothing in this section shall be construed to prohibit a city from imposing zoning conditions on the establishment and maintenance of a family day -care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day -care provider" is as defined in RCW.74.15.020. [1995 c 49 § 2; 1994 c 273 § 16.] 35A.63.220 Moratoria, interim zoning controls — Public hearing — Limitation on length. A legislative body that adopts a moratorium or interim zoning ordinance, with- out holding a public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the legislative body received a recommendation on the matter from the [Title 35A RCW —page 641 planning agency. If the legislative body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall do so immediately after this public hearing. A moratorium or interim zoning ordinance adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium of interim zoning ordinance may be renewed for one or more six -month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. [1992 c 207 § 3.] 35A.63.230 Accessory apartments. Any local government, as defined in RCW 43.63A.215, . that is planning under this chapter shall comply with RCW 43.63A.215(3). [1993 c 478 § 9.] 35A.63.240 Treatment of residential structures occupied by persons with handicaps. No city may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602). [1993 c 478 § 21.] 35A.63.250 Watershed restoration projects — Permit processing —Fish habitat enhancement project. A permit required under this chapter for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish habitat enhancement project meeting the criteria of *RCW 75.20.350(1) shall be reviewed and approved according to the provisions of *RCW 75.20.350. [1998 c 249 § 6; 1995 c 378 § 9.1 *Reviser's note: RCW 75.20.350 was recodified as RCW 77.55.290 pursuant to 2000 c 107 § 129. Findings— Purpose— Report— Effective date 1998 c 249: See notes following RCW 77.55.290. 35A.63.260 Planning regulations— Copies provided to county assessor. By July 31, 1997, a code city planning under RCW 36.70A.040 shall provide to the county assessor a copy of the code city's comprehensive plan and develop- ment regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regula- tions that were adopted before July 31st of each following year. [1996 c 254 § 4.] 35A.63.270 General aviation airports. Adoption and amendment of comprehensive plan provisions and develop- ment regulations under this chapter affecting a general aviation airport are subject to RCW 36.70.547. [1996 c 239 § 4.] 35A.63.280 Adopted by Reference applications b3 Ordinance # jYgD on 48 -03 department of so ment of correctia City Clerk y STATE OF WASHINGTON, COUNTY OF SNOHONHSH SUMMARY _0E ORDINANCE- N.0.3440 of the City of Edmonds, Washington On the 18th day of Febru- ary, 2003, the City Council of the City of Edmonds, Passed Ordinance No. 3439. A summary of the content of said ordinance, consisting of the title, Provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, EXTENDING A SIX MONTH INTERIM ORDI- NANCE AMENDING ECDC 20.35.080 IN ORDER TO CLARIFY THAT THE CITY COUNCIL, INSTEAD OF THE HEARING EXAMINER, SHALL MAKE FINAL DECI- SIONS ON PLANNED RES- IDENTIAL DEVELOPMENT APPLICATIONS, AND FIX- ING A TIME WHEN THE SAME SHALL BECOME, EFFECTIVE. The full text of this Ordi- nance will be mailed upon req. DATEuestD this 19th day of February, 2003. SANDRA S. CHASE CITY CLERK Published: February 23, 2003. Affidavit of Publication S.S. The undersigned, being first duly swom on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice City of Edmonds Summary of Ordinance No. 3440 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: February 23, 2003 and that said newspaper wasregularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this \ \ 24th n, WOLIC OP k,, WASktAG_% :- A >MyrettMVE D Account Number: 101416 Order Number. 0001007493 Invoice Number. 101007493- 02232003 FEB 2 7 2003 EDMONDS CITY CLERK