Ordinance 3787ORDINANCE NO. 3787
AN INTERIM ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING PROVISIONS OF TITLE 20
ECDC RELATING TO PLANNED RESIDENTIAL
DEVELOPMENTS TO ALLOW CLOSED RECORD
ADMINISTRATIVE APPEAL OF PRELIMINARY PRD
DECISIONS AND TO ELIMINATE OVERLAP OF
PERIMETER BUFFERS AND SETBACKS FOR EXTERIOR
LOT LINES, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, preliminary planned residential development (PRD) decisions are
issued by the Hearing Examiner upon recommendation by the Architectural Design Board on site
and building designs; and
WHEREAS, the City Council wishes to afford the opportunity for closed record
appeals on preliminary PRD decisions issued by the hearing examiner; and
WHEREAS, the City Council wishes eliminate ambiguity on whether setbacks for
exterior lot lines and perimeter buffers can overlap; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council hereby makes the findings as set forth
in the "WHEREAS" clauses, which are adopted and incorporated herein by this reference in
support of this interim Ordinance.
Section 2. Amended. Subsection ECDC 20.01.003(A) of the Edmonds
Community Development Code and previously adopted interim ordinance amending the same,
are hereby amended to read as follows:
A. Decisions.
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TYPE I
TYPE II
TYPE III -A
TYPE III -B
TYPE IV -A
IV-
TYPE V
Statement of
Modification to
Plat vacations
Essential public
Final formal
Site
Development
zoning
landscape plans
and alterations
facilities
plats
specific/
agreements
restriction
contract
rezone
Boundary line
Formal
Architectural
Final planned
Zoning text
adjustments, lot
interpretation of
design board
residential
amendments;
line
the text of the
review
development
area -wide zoning
adjustment, lot
ECDC by the
map amendments
combination
director or
designated staff
Permitted uses
Home
Site plan /major
Shoreline
Comprehensive
not requiring
occupation
amendments to
substantial
plan amendments
site plan review
permit
site plans
development,
shoreline
conditional
use, shoreline
variance
Special use
Accessory
Conditional
Annexations
permits
dwelling unit
use
Minor
SEPA
General
Development
amendments to
determinations
regulations
planned
variances and
residential
sign permit
development
variances
Minor
Revisions to
Draft
Master plan
preliminary
shoreline
plat
management
environmental
amendment
permits
impact
statement
Staff design
Administrative
Preliminary
review
variances
formal plats
Sign permits
Preliminary
Preliminary
short plats
planned
residential
development
Final short
Land clearing /
grading
plats
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Section 3. Amended. Subsection 20.35.080(A)(4) of the Edmonds Community
Development Code is hereby amended to read as follows:
4. The Public Hearing with the Hearing Examiner. The
hearing examiner shall review the proposed PRD for
compliance with this section as a Type III -B decision.
If, after all appeals are exhausted, 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 final decision -
maker 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.
Section 4. Amended. Subsection 20.35.050(C)(2) of the Edmonds Community
Development Code is hereby amended to read as follows:
2. Provide a landscape buffer, open space or passive use
recreational area of a depth from the inner boundaries of
exterior property line setbacks at least equal to the depth of
the rear yard setback applicable to the zone. If such a buffer
is provided, interior setbacks may be flexible and shall be
determined pursuant to ECDC 20.35.030. When the
exterior property line abuts a public way, a buffer at least
equal to the depth of the front yard required for the
underlying zone shall be provided.
Section 5. Public Hearin>;. As required by RCW 35A.63.220, this interim
Ordinance shall expire six months from the date of adoption, unless sooner repealed or
subsequently extended by act of the City Council. In the meantime, as further required by
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RCW 35A.63.220, the City Clerk is directed to schedule a public hearing on this ordinance
within sixty (60) days of its adoption. The City Council may in its discretion adopt additional
findings in support of this interim Ordinance at the conclusion of the public hearing. The
Planning Board is required to make a recommendation on the final version of this ordinance to
be adopted by the City Council prior to its expiration.
Section 6. Ordinance to be Transmitted to Department. Pursuant to RCW
36.70A.106, this interim Ordinance shall be transmitted to the Washington Department of
Community, Trade, and Economic Development as required by law.
Section 7. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional 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 interim Ordinance.
Section 8. 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.
APPROV
MA R G Y HAAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF A EY:
BY 0.4 W3
W. SCOTT SNYDER
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FILED WITH THE CITY CLERK: 04 -02 -2010
PASSED BY THE CITY COUNCIL: 04 -06 -2010
PUBLISHED: 04 -11 -2010
EFFECTIVE DATE: 04 -16 -2010
ORDINANCE NO. 3787
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SUMMARY OF ORDINANCE NO. 3787
of the City of Edmonds, Washington
On the 6th day of April, 2010, the City Council of the City of Edmonds, passed
Ordinance No. 3787. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN INTERIM ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING PROVISIONS OF TITLE 20
ECDC RELATING TO PLANNED RESIDENTIAL
DEVELOPMENTS TO ALLOW CLOSED RECORD
ADMINISTRATIVE APPEAL OF PRELIMINARY PRD
DECISIONS AND TO ELIMINATE OVERLAP OF
PERIMETER BUFFERS AND SETBACKS FOR EXTERIOR
LOT LINES, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 7th day of April, 2010.
CITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
oF. °
(c. I890
Affidavit of Publication
} S.S.
The undersigned, being first duly sworn 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 Courtof Snohomish County and that the notice
SUMMARY OF ORDINANCE NO. 3787
Of the ity of Edmonds, Washington
On the 6th day of April, 2010, the City Council of the City of
Edmonds, passed Ordinance No. 3787. A summary of the content
Summate of Ordinance No. 3787
of said ordinance, consistingUf the title, provides as-follows:
OF THE CITY
RAM OOF OT
WASHINGTON, NDING PROVISIONS TOLE D20'
.ECDC RELATINO:TO PLANNED RESIDENTIAL DEVELOP -
Interim Ordinance
MENTS TO ALLOW "CLOSED'. RECORD ADMINISTRATIVE
APPEAL OF PRELIMINARY PRD DECISIONS AND TO ELIM-
INATE;OVERLAP OF PERIMETER SUFFERS AND SET -
BACKS FOR EXTERIOR LOT LINES, AND FIXING A TIME
WHEN. THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request. _
DATED this 7th day of April, 2010...
a printed copy of which is hereunto attached, was published in said newspaper proper and not in
Published: April 11 2010 CITY CLERK, SANDRA S, CHASE
supplement form, in the regular and entire edition of said paper on the following days and
— '
times, namely:
April 11, 2010
5?'a;-
APP 8 2010
is y i
.tr L tl'I
Account Name: City of Edmonds
and that said newspaper was regularly distributed to its subscribers during all of said period.
o6d44 C Q�d
U6r Principal Clerk
Subscribed and swom to before me this 12th
day of April, 2010
at Eve
Notary Public in and a ate of 4Yas to
A Pr
County.,'
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Account Number: 101416 ; tl l t t1 'ryi
0,r
Snohomish
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