Ordinance 3992 Irreconcilable Dev (2).pdfORDINANCE NO. 3992
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AN INTERIM ZONING
ORDINANCE TO AMEND TITLE 20 OF THE EDMONDS
COMMUNITY DEVELOPMENT CODE, BY ADDING A NEW
SECTION RELATING TO DEEMED WITHDRAWAL IN THE
CASE OF IRRECONCILABLE DEVELOPMENT
APPLICATIONS, RECODIFYING THE SECTION RELATED
TO RESUBMITTAL OF DEVELOPMENT APPLICATIONS
AFTER DENIAL, DECLARING AN EMERGENCY
NECESSITATING IMMEDIATE ADOPTION AND
EFFECTIVENESS OF THIS INTERIM ZONING ORDINANCE.
WHEREAS, the Washington courts have stated that land use applications are subject to
the legal doctrine of res judicata which affords every party one, but not more than one, fair
adjudication of his or her application, Lejeune v. Clallam County, 64 Wn. App. 257, 266, 823
P.2d 1144, 1149 (1992); and
WHEREAS, it would not be in the public interest for the city staff to process multiple
irreconcilable applications to develop the same property when it would be physically possible to
construct only one such development; and
WHEREAS, the Edmonds Community Development Code has been silent on the legal
effect of filing multiple irreconcilable applications to develop the same property; and
WHEREAS, in fairness to both the city and future applicants, the city council would like
to clarify the legal effect of filing a subsequent irreconcilable application for development before
such applications are filed; and
WHEREAS, the city has learned that it may be received such an application in the near
future; and
WHEREAS, adopting this interim ordinance on an emergency basis will ensure that the
legal effect of filing such an application will be known by the applicant prior to filing so that the
applicant can elect to file or not file with an understanding of the consequence; and
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WHEREAS, the City of Edmonds may adopt an interim zoning ordinance for a period of
up to six months pursuant to RCW 36.70A.390, provided that the City Council holds a public
hearing on the interim ordinance within sixty days of adoption;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. A new Section 20.02.004 of the Edmonds Community Development Code,
entitled "Effect of irreconcilable applications on the same property," is hereby amended to read
as follows:
ECDC 20.02.004. Effect of irreconcilable applications on the same property.
A. If an applicant submits an application that cannot be reconciled with a previously
submitted application on the same property, the previously submitted application shall be
deemed withdrawn by the applicant and it shall be rendered null and void. The director shall
notify the applicant that the previously submitted application has been deemed withdrawn and
will not be processed any further. Withdrawal shall be deemed to occur even when the city has
finished processing the previously submitted application.
B. Many inconsistencies between applications can be reconciled through corrections
that are made during the development review process. This section is not intended to treat all
inconsistencies as effecting a withdrawal of the earlier application.
C. Without limiting the generality of subsection A, above, the following examples
are intended to illustrate whether a subsequent application shall be deemed irreconcilable with an
earlier application.
1. Examples of irreconcilable applications that result in withdrawal.
a. Applicant submits an application for a four -lot short plat on a particular
property. Subsequently, another application is submitted for a three -lot short
plat on the same property. Assuming there is not enough land area for seven
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lots, the two applications are irreconcilable because one could not construct
both short plats. Hence, the four -lot short plat is deemed withdrawn.
b. Applicant submits a design review application for a twenty -unit multi -family
housing development. Subsequently, another design review application is
submitted for a thirty -unit multi -family housing development whose footprint
would substantially overlap with the footprint of the structure shown for the
twenty -unit application. Because both structures would occupy substantially
the same space they are irreconcilable and the twenty -unit application would
be deemed withdrawn.
2. Examples of applications that may be inconsistent but are not irreconcilable
resulting in withdrawal.
a. Applicant submits an application for a four -lot short plat on a particular
property. Subsequently, a building permit application is submitted for a
single-family home the footprint of which would encroach into the setbacks as
measured from the proposed short plat lot lines. Because the building permit
application could be corrected to properly locate the footprint, the applications
are reconcilable and do not effect a withdrawal of the short plat application.
b. Applicant submits a landscaping plan that is inconsistent in an insignificant
way with civil site -improvement plans that are submitted for the same
property. If the two sets of plans can be reconciled by submitting a corrected
version of at least one of the two plans, then city staff would seek corrections
and withdrawal would not be deemed to occur.
Section 2. Section 20.07.007 of the Edmonds Community Development Code, entitled
"Resubmission of application," is hereby recodified as Section 20.02.006 to read as follows (new
text is shown in underline; deleted text is shown in stfike *'uoug ):
ECDC 20.02.006. Resubmission of application after denial.
Any permit application or other request for approval submitted pursuant to this title that
is denied shall not be resubmitted or accepted by the director for review for a period of twelve
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months from the date of the last action by the city on the application or request unless, in the
opinion of the director, there has been a significant change in the application or a significant
change in conditions related to the impacts of the proposed project.
Section 3. Sunset. This ordinance shall remain in effect for 180 days from the effective
date, after which point it shall have no further effect.
Section 4. Emergency Declaration. The city council hereby declares that an emergency
exists necessitating that this Ordinance take effect immediately upon passage by a majority vote
plus one of the whole membership of the Council, and that the same is not subject to a
referendum (RCW 35A.12.130). Without an immediate adoption of this interim zoning
ordinance, new development applications could be filed that could create ambiguity with respect
to the status of previously filed applications on the same property. Therefore, this interim
regulation must be imposed as an emergency measure to protect the public health, safety and
welfare by ensuring that the status of such previously filed applications is addressed herein.
Section 5. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall take effect and be in full force and effect
immediately upon passage, as set forth in Section 4, as long as it is approved by a majority plus
one of the entire membership of the Council, as required by RCW 35A.12.130.
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ATTEST/AUTHENTICATED:
.........
l- < ` FRK, S �� , � ........_.
,I., SEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
.��:'I�I� TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 3992
03/17/2015:
03/17/2015
03/22/2015
03/17/2015
SUMMARY OF ORDINANCE NO. 3992
of the City of Edmonds, Washington
On the 17th day of March, 2015, the City Council of the City of Edmonds, passed
Ordinance No. 3992. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AN INTERIM ZONING
ORDINANCE TO AMEND TITLE 20 OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE, BY
ADDING A NEW SECTION RELATING TO DEEMED
WITHDRAWAL IN THE CASE OF IRRECONCILABLE
DEVELOPMENT APPLICATIONS, RECODIFYING
THE SECTION RELATED TO RESUBMITTAL OF
DEVELOPMENT APPLICATIONS AFTER DENIAL,
DECLARING AN EMERGENCY NECESSITATING
IMMEDIATE ADOPTION AND EFFECTIVENESS OF
THIS INTERIM ZONING ORDINANCE.
The full text of this Ordinance will be mailed upon request.
DATED this 18th day of March, 2015. 0-1
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CITY CLERK, S ..�71"T 1 W_...
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w �, .�_.......a�.ASSEY
4840-7251-8158, v. 1
n
Everett Daily Herald
Affidavit of Publication
State of Washington )
County of Snohomish } ss
Wayne being first duty sworn, upon oath
deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH622176 ORDINANCE
3992 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
03/22/2015 and ending on 03/22/2015 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$99.00.
Subscribed and sworn before me gn this
day of
� f
Notary Public in and for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
LINDA HYND
MAR 2 7 21115
DEBRA ANN GRIGG
Notary Public
State of Washington
My Commission Expires
October 31, 2017
SUMMARY OF ORDINANCE NO. 3992
cf Iho City of Edmonds, Washington
On the 17th day of March, 201 5,, the Ciiy Council of the City of
Edmonds, passed Ordlmnnce No, 3992. A summafy of the content
of said wdinance, consistln� 0 The alae pfovides as loll :
AN ORDINANCE F ThfE CITY OF EDMONDS,
WASHINGTON, ADOPTING AN INTERIM ZONING
ORDINANCE TO AMEND TITLE 20 OF THE EDMONDS
COMMUNITY DEVELOPMENT CODE, BY ADDING A NEW
SECTION RELATING TO DEEMED WITHDRAWAL IN THE
CASE OF IRRECONCI'LA13LE DEVELOPMENT
APPLICATIONS, RECODIFYiNG THE SECTION RELATED
TO RE rUBIAt'f'TAL OF DEVELOPMENT APPLICATIONS
AFTEP DENIAL., DECLARING AN EMERGENCY
NECESSfTA'TING IMMEDIATE ADOPTION AND
EFFECTIVENESS OF THIS INTEAW ZONING ORDINANCE.
The full text of this Ordinance WN he mslied upon request.
DATED this 16th day of Merch, 241&
CITY CLERK, SCOTT PASSEY
EDH6221"v 9
fobtlished: March 22, 2015. �