HomeMy WebLinkAboutOrdinance 4449
ORDINANCE NO. 4449
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ESTABLISHING AN INTERIM REGULATION TO PROVIDE FOR THE
VACATION OF SHORT PLATS WITHOUT DEDICATION AS A TYPE I
STAFF DECISION, TEMPORARILY AMENDING CHAPTERS 20.75
AND 20.03 ECDC.
WHEREAS, chapter 20.75 ECDC governs subdivisions within the City, including short plats
and formal subdivisions, but does not currently establish a specific process or decision criteria for
the vacation of recorded short plats; and
WHEREAS, RCW 58.17.060 requires cities to adopt regulations and procedures for
administrative review and approval of short plats and short subdivisions and their alteration or
vacation; and RCW 58.17.212 provides for the vacation of subdivisions and requires a public
hearing before the legislative body of the city, but this process was designed for formal
subdivisions that may involve dedications of streets, rights-of-way, or other public lands and
interests, and is disproportionate to the vacation of a short plat that involves no such dedication;
and
WHEREAS, the City's subdivision processes no longer routinely involve City Council
decisions; the Hearing Examiner is involved only in preliminary formal plat decisions; and staff
approves preliminary short plats, civil reviews, and final plats for both short and formal
subdivisions; and
WHEREAS, RCW 58.17.140(2) provides that short plat approval is to be summary in
nature, with a decision issued within thirty days of a determination of completeness, reflecting
the Legislature's intent that short plats receive streamlined administrative processing; and
WHEREAS, the City's existing code at ECDC 20.75.110.B provides that an application to
change a final plat that has been filed for record shall be processed in the same manner as a new
application, but it is unclear whether this provision was also intended to apply to short plats or
intended to apply to a vacation as opposed to an alteration, and the City Council finds that
applying the full new-application process is not necessary for a vacation of a short plat without
dedication; and
WHEREAS, ECDC 20.03.003.C.3 provides that for a plat alteration or a plat vacation, notice
shall be as provided in RCW 58.17.080 and 58.17.090, but the City Council finds that these notice
requirements are not necessary for the vacation of a short plat where no dedication of public
lands or interests is being vacated and no public rights are affected; and
WHEREAS, the vacation of a short plat that does not include any dedication of streets,
rights-of-way, easements, or other public lands or interests is a private matter among the lot
owners that does not diminish or extinguish any public right, and accordingly may be
appropriately processed as a ministerial Type I staff decision; and
WHEREAS, the existing language in ECDC 20.75.155.A creates confusion regarding the
timing of submittal of final short plat applications, indicating that a final short plat application
can be submitted before the related subdivision civil plans are approved rather than after they
are approved as would be expected; and
WHEREAS, the City intends to undertake a comprehensive update of chapter 20.75 ECDC
by mid-2027 to address lot splits, vacations, and other topics, and this interim regulation is
intended to provide a clear and legally sound process for short plat vacations without dedication
pending completion of that permanent code update; and
WHEREAS, RCW 36.70A.390 authorizes the City to adopt an interim official control,
provided that a public hearing is held within at least sixty days if the control is adopted without
a prior public hearing, and further provides that such controls may be effective for up to six
months unless extended or renewed as provided by law; and
WHEREAS, the City Council finds that an interim official control establishing a process for
the vacation of short plats without dedication is necessary for the immediate preservation of the
public welfare, because the absence of a clear process creates uncertainty for applicants and staff
and may result in inconsistent or legally vulnerable decisions; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS:
Section 1. Purpose. The purpose of this interim regulation is to establish a clear and
efficient process for the vacation of recorded short plats that do not include any dedication of
streets, rights-of-way, easements, or other public lands or interests. This interim regulation
provides a ministerial review pathway consistent with the summary nature of short plat review
under RCW 58.17.140(2), while ensuring that vacation decisions satisfy objective criteria
consistent with applicable state law.
Section 2. Applicability. This interim regulation applies only to applications for the
vacation of an entire recorded short plat where no dedication of streets, rights-of-way,
easements, or other public lands or interests was made as part of the short plat. This interim
regulation does not apply to: (a) the vacation of a formal subdivision; (b) the vacation of a short
plat that includes any dedication; (c) the alteration, as opposed to vacation, of a recorded short
plat or subdivision; or (d) any application for which a different process is required by state law.
Section 3. ECDC 20.75.115 Established. A new section, ECDC 20.75.115, entitled
"Vacation of short plats without dedication," is hereby established on an interim basis to read as
follows (new text shown in underline):
20.75.115 Vacation of short plats without dedication.
A. Authority. This section establishes the process for vacation of a recorded short plat that
does not include any dedication of streets, rights-of-way, easements, or other public lands or
interests. A vacation under this section reconsolidates the lots within the short plat to the lot
configuration that existed prior to recording of the short plat.
B. Application Requirements. An application to vacate a short plat under this section shall
include:
1. A completed application on a form provided by the city, together with the applicable
fee;
2. A title report, dated within thirty days of application submittal, for all lots within the
short plat;
3. A survey map prepared by a surveyor licensed in the state of Washington showing the
proposed reconsolidation of lots to the prior lot configuration;
4. Written consent of all owners of lots within the short plat, as identified in the title
report;
5. A narrative statement describing the basis for the vacation request; and
6. Any additional information reasonably determined by the director to be necessary to
evaluate the application, limited to information directly relevant to the criteria in
subsection D of this section.
C. Decision Type. An application for vacation of a short plat under this section shall be
processed as a Type I staff decision according to ECDC 20.01.
D. Decision Criteria. The director or designee shall approve an application for vacation of a
short plat under this section upon finding that all of the following criteria are satisfied:
1. The short plat proposed to be vacated does not include any dedication of streets, rights-
of-way, easements, or other public lands or interests;
2. All owners of lots within the short plat, as shown in the title report, have provided
written consent to the vacation;
3. The parcel or parcels resulting from the vacation will conform to the minimum lot area,
lot width, lot depth, and other dimensional standards of the applicable zoning district;
4. The vacation will not cause any existing structure or improvement to violate applicable
setback, lot coverage, height, or other development standards of the Edmonds
Community Development Code;
5. All property taxes, assessments, and fees relating to the lots within the short plat are
current and not delinquent; and
6. The vacation will not extinguish or materially impair any recorded easement or public
or private utility service serving other properties.
E. Recording. Upon approval of a vacation under this section, the applicant shall record the
approved survey map and any documents required by the director with the Snohomish
County Auditor. The vacation shall not be effective until the approved documents have been
recorded.
F. Relationship to Other Provisions. This section provides the exclusive process for the
vacation of short plats without dedication. The provisions of ECDC 20.75.110.B shall not apply
to vacations processed under this section.
Section 4. Interim Amendment to ECDC 20.75.155.A. During the effective period of this
ordinance, ECDC 20.75.155.A is amended to read as follows (deleted text shown in strikeout):
“Submission. The applicant may not file the final plat for review until the required improvement
plans have been approved by submitted for approval to the director of public works.”
Section 5. Interim Amendment to ECDC 20.03.003.C.3. During the effective period of this
ordinance, ECDC 20.03.003.C.3 is amended to read as follows (new text shown in underline):
"For a plat alteration or a plat vacation, notice shall be as provided in RCW 58.17.080 and
58.17.090. This notice requirement shall not apply to the vacation of a short plat processed as a
Type I decision under ECDC 20.75.115."
Section 6. Duration of Interim Regulations. As long as the City holds a public hearing on
the interim regulations, the interim regulations shall not terminate until six months after the
effective date of this ordinance, unless it is repealed sooner.
Section 7. Public Hearing on Interim Regulations. Pursuant to RCW 36.70A.390 and RCW
35A.63.220, the City Council shall hold a public hearing on this interim regulation within sixty (60)
days of its adoption. In this case, the hearing shall be held on November 10, 2026, unless the city
council, by subsequently adopted resolution, provides for a different hearing date.
Section 8. Findings of Fact. The city council hereby adopts the recitals above as its
findings of fact justifying the adoption of this ordinance.
Section 9. Severability. If any section, sentence, clause or phrase of this ordinance should
be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 10. Effective Date. This ordinance, being an exercise of a power specifically
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:
MAYOR, MIKE ROSEN
Mike Rosen (Oct 14, 2026 12:33:34 PDT)
ATTEST/AUTHENTICATE:
CITY CLERK, LUKE LONIE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK: SEPTEMBER 15, 2026
PASSED BY THE CITY COUNCIL: OCTOBER 13, 2026
PUBLISHED: OCTOBER 16, 2026
EFFECTIVE DATE: OCTOBER 21, 2026
ORDINANCE NO: 4449
Jeff Taraday (Oct 14, 2026 12:27:14 PDT)
SUMMARY OF ORDINANCE NO. 4449
of the City of Edmonds, Washington
On the 13th day of October, 2026, the City Council of the City of Edmonds, passed
Ordinance No. 4449. A summary of the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN
INTERIM REGULATION TO PROVIDE FOR THE VACATION OF SHORT PLATS
WITHOUT DEDICATION AS A TYPE I STAFF DECISION, TEMPORARILY AMENDING
CHAPTERS 20.75 AND 20.03 ECDC.
The full text of this Ordinance will be mailed upon request.
DATED this 14th day of October, 2026.
CITY CLERK, LUKE LONIE