Ordinance 36200006.90000
WSS /gjz
12/6/06
ORDINANCE NO. 3620
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING THE 2006 AMENDMENTS TO
THE CITY'S COMPREHENSIVE PLAN RELATING TO
ECONOMIC DEVELOPMENT, CAPITAL FACILITIES,
SANITARY SEWERS, PORT OF EDMONDS STRATEGIC
AND MASTER PLAN, NEIGHBORHOOD DISTRICTS,
STREETSCAPES AND LAND USE ELEMENT AND
COMPREHENSIVE PLAN MAP, AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, RCW 36.70A.130(2)(a) provides that amendments or revisions to
the City's Comprehensive Plan may be considered by the Edmonds City Council no more
frequently than once each year; and
WHEREAS, this ordinance along with one contemporaneous action represents the
City of Edmonds' annual amendments to its Comprehensive Plan; and
WHEREAS, a proposal to amend the Comprehensive Plan was considered as a
part of this process and rejected by the City Council by contemporaneous adoption of findings of
fact and conclusions in the Mantooth application, File No. CDC -05 -3 and R- 06 -67; and
WHEREAS, a public hearing was held regarding adoption of an Economic
Development element of the Comprehensive Plan on April 18, 2006, the matter having come on
before the City Council on the recommendation of its Planning Board; and
WHEREAS, on May 16, 2006, a public hearing was held regarding amendments
to the Comprehensive Plan to replace an existing "Public Urban Design Plan" with an updated
"Streetscape Plan "; and
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WHEREAS, on October 3, 2006, a public hearing was held to adopt the Port of
Edmonds Strategic Plan and Master Plan with the recommendation of the City's Planning Board
as a part of the City's Comprehensive Plan; and
WHEREAS, on October 3, 2006, a public hearing was held regarding proposed
amendments to the Comprehensive Plan relating to amended goals and policies for neighborhood
business districts with specific proposals for the Firdale and Five Corners neighborhood centers,
such matter having come on with the recommendation of the City's Planning Board; and
WHEREAS, a public hearing was held on November 6, 2006 regarding a Sanitary
Sewer Comprehensive Plan update which came to the City Council with the recommendation of
its Planning Board; and
WHEREAS, a public hearing was held on November 21, 2006, regarding several
minor adjustments to the Comprehensive Plan Map and Land Use Element, including
adjustments to the map and policy guidance for the Downtown Waterfront Activity Center,
which came to the City Council with the recommendation of its Planning Board; and
WHEREAS, having separately considered and improved each Comprehensive
Plan change as meeting the criteria of City Code, the requirements of state law, and being in the
best interest of the citizens of the City of Edmonds, the City Council does hereby approve such
Comprehensive Plan amendments and contemporaneously adopted plan amendments referenced
above, as the City's 2006 Comprehensive Plan amendments, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. The Edmonds Comprehensive Plan is hereby amended to incorporate
the following amendments, additions or revisions to the City's Comprehensive Plan:
A. An Economic Development element as set forth in the
attached Exhibit A, incorporated by this reference as fully as if
herein set forth.
B. The September 2006 Sanitary Sewer Comprehensive Plan
as set forth on the attached Exhibit B, incorporated by this
reference as fully as if herein set forth.
C. The Port of Edmonds' Strategic and Master Plan as such
amendment is set forth in the attached Exhibit C incorporated by
this reference as fully as if herein set forth.
D. Amendments to the Neighborhood District Plan as set forth
on the attached Exhibit D incorporated by this reference as fully as
if herein set forth.
E. Repeal of a Public Urban Design Plan and its replacement
by a Streetscape Element, as shown on the attached Exhibit E,
incorporated by this reference as fully as if herein set forth.
F. Amendments of the City's land use element and
comprehensive plan map as shown on the attached Exhibit F,
incorporated by this reference as fully as if herein set forth.
Section 2. The Edmonds Community Services Director is hereby authorized to
incorporate such plan amendments in the City's Comprehensive Plan in accordance with the
adopted elements.
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.
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ATTEST /AUTHENTICATED:
ITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ( S�&&
W. SCOTT SNYDER
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 3620
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APPROVE
MAYO GA AAKENSON
12/15/2006
12/19/2006
12/24/2006
12/29/2006
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SUMMARY OF ORDINANCE NO. 3620
of the City of Edmonds, Washington
On the 19th day of December, 2006, the City Council of the City of Edmonds,
passed Ordinance No. 3620. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING THE 2006
AMENDMENTS TO THE CITY'S COMPREHENSIVE PLAN RELATING TO ECONOMIC
DEVELOPMENT, CAPITAL FACILITIES, SANITARY SEWERS, PORT OF EDMONDS
STRATEGIC AND MASTER PLAN, NEIGHBORHOOD DISTRICTS, STREETSCAPES
AND LAND USE ELEMENT AND COMPREHENSIVE PLAN MAP, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 20th day of December, 2006.
� 2/'. ^,z &,—
CITY CLERK, SANDRA S. CHASE
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RCW 36.70A.130
Comprehensive plans -- Review procedures and schedules -- Amendments.
(1)(a) Each comprehensive land use plan and development regulations shall be subject to continuing
review and evaluation by the county or city that adopted them. Except as otherwise provided, a county
or city shall take legislative action to review and, if needed, revise its comprehensive land use plan and
development regulations to ensure the plan and regulations comply with the requirements of this chapter
according to the time periods specified in subsection (4) of this section.
(b) Except as otherwise provided, a county or city not planning under RCW 36.70A.040 shall take
action to review and, if needed, revise its policies and development regulations regarding critical areas
and natural resource lands adopted according to this chapter to ensure these policies and regulations
comply with the requirements of this chapter according to the time periods specified in subsection (4) of
this section. Legislative action means the adoption of a resolution or ordinance following notice and a
public hearing indicating at a minimum, a finding that a review and evaluation has occurred and
identifying the revisions made, or that a revision was not needed and the reasons therefor.
(c) The review and evaluation required by this subsection may be combined with the review required
by subsection (3) of this section. The review and evaluation required by this subsection shall include,
but is not limited to, consideration of critical area ordinances and, if planning under RCW 36.70A.040,
an analysis of the population allocated to a city or county from the most recent ten -year population
forecast by the office of financial management.
(d) Any amendment of or revision to a comprehensive land use plan shall conform to this chapter.
Any amendment of or revision to development regulations shall be consistent with and implement the
comprehensive plan.
(2)(a) Each county and city shall establish and broadly disseminate to the public a public
participation program consistent with RCW 36.70A.035 and 36.70A.140 that identifies procedures and
schedules whereby updates, proposed amendments, or revisions of the comprehensive plan are
considered by the governing body of the county or city no more frequently than once every year.
Updates" means to review and revise, if needed, according to subsection (1) of this section, and the
time periods specified in subsection (4) of this section or in accordance with the provisions of
subsections (5) and (8) of this section. Amendments may be considered more frequently than once per
year under the following circumstances:
(i) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and
designations applicable to the subarea;
(ii) The adoption or amendment of a shoreline master program under the procedures set forth in
chapter 90.58 RCW;
(iii) The amendment of the capital facilities element of a comprehensive plan that occurs
concurrently with the adoption or amendment of a county or city budget;
(iv) Until June 30, 2006, the designation of recreational lands under *RCW 36.70A.,1701. A county
amending its comprehensive plan pursuant to this subsection (2)(a)(iv) may not do so more frequently
than every eighteen months; and
(v) The adoption of comprehensive plan amendments necessary to enact a planned action under
RCW 43.21C.031(2), provided that amendments are considered in accordance with the public
participation program established by the county or city under this subsection (2)(a) and all persons who
have requested notice of a comprehensive plan update are given notice of the amendments and an
opportunity to comment.
(b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the
governing body concurrently so the cumulative effect of the various proposals can be ascertained.
However, after appropriate public participation a county or city may adopt amendments or revisions to
its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an
appeal of a comprehensive plan filed with a growth management hearings board or with the court.
(3)(a) Each county that designates urban growth areas under RCW 36.70A._I -10 shall review, at least
every ten years, its designated urban growth area or areas, and the densities permitted within both the
incorporated and unincorporated portions of each urban growth area. In conjunction with this review by
the county, each city located within an urban growth area shall review the densities permitted within its
boundaries, and the extent to which the urban growth occurring within the county has located within
each city and the unincorporated portions of the urban growth areas.
(b) The county comprehensive plan designating urban growth areas, and the densities permitted in the
urban growth areas by the comprehensive plans of the county and each city located within the urban
growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the
succeeding twenty -year period. The review required by this subsection may be combined with the
review and evaluation required by RCW 36.70A.21.5.
(4) The department shall establish a schedule for counties and cities to take action to review and, if
needed, revise their comprehensive plans and development regulations to ensure the plan and regulations
comply with the requirements of this chapter. Except as provided in subsections (5) and (8) of this
section, the schedule established by the department shall provide for the reviews and evaluations to be
completed as follows:
(a) On or before December 1, 2004, and every seven years thereafter, for Clallam, Clark, Jefferson,
King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties;
(b) On or before December 1, 2005, and every seven years thereafter, for Cowlitz, Island, Lewis,
Mason, San Juan, Skagit, and Skamania counties and the cities within those counties;
(c) On or before December 1, 2006, and every seven years thereafter, for Benton, Chelan, Douglas,
Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and
(d) On or before December 1, 2007, and every seven years thereafter, for Adams, Asotin, Columbia,
Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens,
Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties.
(5)(a) Nothing in this section precludes a county or city from conducting the review and evaluation
required by this section before the time limits established in subsection (4) of this section. Counties and
cities may begin this process early and may be eligible for grants from the department, subject to
available funding, if they elect to do so.
(b) A county that is subject to a schedule established by the department under subsection (4)(b)
through (d) of this section and meets the following criteria may comply with the requirements of this
section at any time within the thirty -six months following the date established in the applicable
schedule: The county has a population of less than fifty thousand and has had its population increase by
no more than seventeen percent in the ten years preceding the date established in the applicable schedule
as of that date.
(c) A city that is subject to a schedule established by the department under subsection (4)(b) through
(d) of this section and meets the following criteria may comply with the requirements of this section at
any time within the thirty -six months following the date established in the applicable schedule: The city
has a population of no more than five thousand and has had its population increase by the greater of
either no more than one hundred persons or no more than seventeen percent in the ten years preceding
the date established in the applicable schedule as of that date.
(d) State agencies are encouraged to provide technical assistance to the counties and cities in the
review of critical area ordinances, comprehensive plans, and development regulations.
(6) A county or city subject to the time periods in subsection (4)(a) of this section that, pursuant to an
ordinance adopted by the county or city establishing a schedule for periodic review of its comprehensive
plan and development regulations, has conducted a review and evaluation of its comprehensive plan and
development regulations and, on or after January 1, 2001, has taken action in response to that review and
evaluation shall be deemed to have conducted the first review required by subsection (4)(a) of this
section. Subsequent review and evaluation by the county or city of its comprehensive plan and
development regulations shall be conducted in accordance with the time periods established under
subsection (4)(a) of this section.
(7) The requirements imposed on counties and cities under this section shall be considered
"requirements of this chapter" under the terms of RCW 36.70A.040(1). Only those counties and cities:
(a) Complying with the schedules in this section; (b) demonstrating substantial progress towards
compliance with the schedules in this section for development regulations that protect critical areas; or
(c) complying with the extension provisions of subsection (5)(b) or (c) of this section may receive
grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and
70.146.030. A county or city that is fewer than twelve months out of compliance with the schedules in
this section for development regulations that protect critical areas is making substantial progress towards
compliance. Only those counties and cities in compliance with the schedules in this section may receive
preference for grants or loans subject to the provisions of RCW 43.17.250.
(8) Except as provided in subsection (5)(b) and (c) of this section:
(a) Counties and cities required to satisfy the requirements of this section according to the schedule
established by subsection (4)(b) through (d) of this section may comply with the requirements of this
section for development regulations that protect critical areas one year after the dates established in
subsection (4)(b) through (d) of this section;
(b) Counties and cities complying with the requirements of this section one year after the dates
established in subsection (4)(b) through (d) of this section for development regulations that protect
critical areas shall be deemed in compliance with the requirements of this section; and
(c) This subsection (8) applies only to the counties and cities specified in subsection (4)(b) through
(d) of this section, and only to the requirements of this section for development regulations that protect
critical areas that must be satisfied by December 1, 2005, December 1, 2006, and December 1, 2007.
(9) Notwithstanding subsection (8) of this section and the substantial progress provisions of
subsections (7) and (10) of this section, only those counties and cities complying with the schedule in
subsection (4) of this section, or the extension provisions of subsection (5)(b) or (c) of this section, may
receive preferences for grants, loans, pledges, or financial guarantees from those accounts established in
RCW 43.155.050 and 70.146.030.
(10) Until December 1, 2005, and notwithstanding subsection (7) of this section, a county or city
subject to the time periods in subsection (4)(a) of this section demonstrating substantial progress
towards compliance with the schedules in this section for its comprehensive land use plan and
development regulations may receive grants, loans, pledges, or financial guarantees from those accounts
established in RCW 43.155.050 and 70.146.030. A county or city that is fewer than twelve months out
of compliance with the schedules in this section for its comprehensive land use plan and development
regulations is deemed to be making substantial progress towards compliance.
[2006 c 285 § 2. Prior: 2005 c 423 § 6; 2005 c 294 § 2; 2002 c 320 § 1; 1997 c 429 § 10; 1995 c 347 § 106; 1990 1st ex.s. c
17 § 13.]
NOTES:
*Reviser's note: RCW 36.70A.1701 expired June 30, 2006.
Intent -- 2006 c 285: "There is a statewide interest in maintaining coordinated planning as called for
in the legislative findings of the growth management act, RCW 36.70A.010. It is the intent of the
legislature that smaller, slower - growing counties and cities be provided with flexibility in meeting the
requirements to review local plans and development regulations in RCW 36.70A.130, while ensuring
coordination and consistency with the plans of neighboring cities and counties." [2006 c 285 § 1.]
Intent -- Effective date -- 2005 c 423: See notes following RCW 36.70A`030.
Intent -- 2005 c 294: "The legislature recognizes the importance of appropriate and meaningful land
use measures and that such measures are critical to preserving and fostering the quality of life enjoyed
by Washingtonians. The legislature recognizes also that the growth management act requires counties
and cities to review and, if needed, revise their comprehensive plans and development regulations on a
cyclical basis. These requirements, which often require significant compliance efforts by local
governments are, in part, an acknowledgment of the continual changes that occur within the state, and
the need to ensure that land use measures reflect the collective wishes of its citizenry.
The legislature acknowledges that only those jurisdictions in compliance with the review and
revision schedules of the growth management act are eligible to receive funds from the public works
assistance and water quality accounts in the state treasury. The legislature further recognizes that some
jurisdictions that are not yet in compliance with these review and revision schedules have demonstrated
substantial progress towards compliance.
The legislature, therefore, intends to grant jurisdictions that are not in compliance with requirements
for development regulations that protect critical areas, but are demonstrating substantial progress
towards compliance with these requirements, twelve months of additional eligibility to receive grants,
loans, pledges, or financial guarantees from the public works assistance and water quality accounts in
the state treasury. The legislature intends to specify, however, that only counties and cities in
compliance with the review and revision schedules of the growth management act may receive
preference for financial assistance from these accounts." [2005 c 294 § 1.]
Effective date -- 2005 c 294: "This act is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing public institutions, and takes
effect immediately [May 5, 2005]." [2005 c 294 § 3.]
Prospective application -- 1997 c 429 §§ 1 -21: See note following RCW 36.70A.3201.
Severability - -1997 c 429: See note following RCW 36.70A.3201.
Finding -- Severability -- Part headings and table of contents not law -- 1995 c 347: See notes
following RCW 36.70A.470.
RCW 36.70A.130(2) does not apply to master planned locations in industrial land banks: RCW
36.70A.367(5).
Adopted by Reference
Ordinance # 36;0 on
Y Clerk
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH } S.S.
and that said newspaper was regularly distributed to its subscribers during all of said period.
// - !�_ — ' — nnctpa
Subscribed and sworn to before me this 25th ,
RECEIVED
day of December, 2006
JAN 0 5 2007 A
EDMONDS CITY CLERK Notary Pffblic� nd fo the State of Washington, residing at E erett, nohoRm 'C
County. tJ1 9-17-2008
OP sH�NG�
Account Name: City of Edmonds Account Number. 101416 Order Number. 0001465988
The undersigned, being first duly swom on oath deposes and says that she is Principal Clerk
SUMMARY OF ORDINANCE NO 3620
of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
o e o
On the 19th day oll s, as ington
o Decmember, 2006, the City Council of
the City of Edmonds, passed Ordinance No. 3620.
Snohomish, and State of Washington; that said newspaper is a newspaper of general
A summa-
ry of the content of said ordinance, consisting of the title, pro -
circulation in said County and State; that said newspaper has been approved as a legal
vides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING.
newspaper by order of the Superior Court of Snohomish County and that the notice
TON, ADOPTING THE 2006 AMENDMENTS TO THE CI-
TY'S COMPREHENSIVE PLAN RELATING TO ECONOMIC
ERSDEVELOPM ORTEOF EDMONDS STIRATEGICAAND MASTER
Summary Of Ordinance NO. 3620
PLAN, NEIGHBORHOOD DISTRICTS, STREETSCAPES
AND LAND USE ELEMENT AND COMPREHENSIVE PLAN
MAP, AND FIXING A TIME WHEN THE SAME SHALL BE-
COME EFFECTIVE.
City Of Edmonds
The full text of this Ordinance will be mailed upon request.
DATED this 20th day of December, 2006.
CITY CLERK, SANDRA S. CHASE
Published: December 24, 2006.
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:
December 24, 2006
and that said newspaper was regularly distributed to its subscribers during all of said period.
// - !�_ — ' — nnctpa
Subscribed and sworn to before me this 25th ,
RECEIVED
day of December, 2006
JAN 0 5 2007 A
EDMONDS CITY CLERK Notary Pffblic� nd fo the State of Washington, residing at E erett, nohoRm 'C
County. tJ1 9-17-2008
OP sH�NG�
Account Name: City of Edmonds Account Number. 101416 Order Number. 0001465988