Ordinance 3982ORDINANCE NO.3982
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING PORTIONS OF THE EDMONDS
COMMUNITY DEVELOPMENT CODE TO MODIFY THE
DEFINTION OF "LOT" (ECDC 21.55.010), DEFINING "LOT
OF RECORD" (ECDC 21.55,015) AND ESTABLISHING A
PROCESS FOR DETERMINING "INNOCENT PURCHASER"
(ECDC 20.75.180 AND 20.01.003).
WHEREAS, the Edmonds Community Development Code has provisions against issuing
development permits for lots created outside of the subdivision process; and
WHEREAS, the Edmonds Community Development Code contains no definition of a
"lot of record"; and
WHEREAS, an "innocent purchaser" may be allowed to develop a lot pursuant to RCW
58,17.210 and ECDC 20.75.180, and
WHEREAS, the Edmonds Community Development Code contains no process or criteria
for establishing an innocent purchaser, and
WHEREAS, the Edmonds Planning Board forwarded a recommendation to the City
Council with proposed amendments for definitions of lot, lot of record, and an innocent
purchaser process and criteria after a public hearing held on July 23, 2014, and
WHEREAS, after considering the Planning Board's recommendation at a public hearing
held on September 16, 2014 the City Council finds the proposed amendment in the public
interest; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Amendment to Section 21.55.010 Lot. Section 21.55.010 of the Edmonds
Community Development Code, definition of "Lot," is hereby amended to read as follows (new
text is shown in underline; deleted text is shown in strike through):
Page 1 of 8
21.55.010 Lot.
Lot means a single tr -, of land legally __eate a as - .ern ate building site with f Vn4U��RLo
on a street of: aeeess easement. a fractional part of divided lands having Fixed boundaries bein
of sufficient area and dimension to meet minimum zoning requirements for width and area. The
term shall include tracts or parcels. For purposes of this code, adjoining lots under common
ownership, which were created without subdivision or short subdivision approval from
applicable city or county governments, shall be considered as one lot and subject to the
regulations contained herein. The terms of this section shall apply regardless of whether the
individual adjoining lots meet current zoning requirements. (See also, Corner Lot, Flag Lot,
Interior Lot, and Irregular Lot.)
Section 2. Amendment to Chapter 21.55 ECDC "L" Terms. A new Section 20.55.015 of
the Edmonds Community Development Code, untitled "Lot of record," is hereby added to read
as follows (new text is shown in underline):
21.55.015 Lot of record.
"Lot of record" means a single tract of land meeting any one of the criteria listed below.
A. Platted lots:
1. Any lot whose boundaries were establish in a recorded plat or short plat.
2. Any lot whose boundaries were establish in an unrecorded short plat approved by
the City of Edmonds between July 3, 1956 and march 19, 1974 (not all short plats
were required to be recorded).
3. Anv combination of two or more lots shoring a side lot line_as depicted in the
following recorded plats:
a. City of Edmonds
b. Brackett's First Addition
c. Gephart's First Addition
d. Kellogg's Plat of Edmonds
e. Albert B. Lord's Grandview Addition
4. Any lot established by Snohomish_ County prior to the property's being annexed
into the City of Edmonds and:
Page 2 of 8
a. whose boundaries were established by transfer of ownership before September
12, 1972, and the lot met all zonina and subdivision requirements in effect at
the time of its creation.
b. whose boundaries were established between August 19, 1969 and September
12. 1972 by county approved short plat but not recorded with the County
Auditor's Office.
c. whose boundaries were established on or after September 12. 1972 by county
approved and recorded short plat.
d. whose boundaries were established by county approved and recorded formal
plat.
B. Un latted lots:
1. Lots created by deed prior to July 3, 1956
2. Lots created through court order, will and testament or other process listed as
exempt from platting requirements by RCW 58.17.035, 58.17.040 or through an
exemption from platting regulations provided by law at the time of creation of the
parcel.
3. Lots that have been recognized through a previous lot determination review as
legal lots.
Section 3. Amendment to Section 20.75.180 Violation - Permits. Section 20.75.180 of
the Edmonds Community Development Code, entitled "Violation - Permits," is hereby amended
to read as follows (new text is shown in underline; deleted text is shown in strike t retirt"):
20.75.180 Violation Permits Development of Lots Not Divided According to this
Chapter.
No building permit, septic tank permit or other development permit, shall be issued for
_WMMIF PRIM
unless: 1) the subject property is a lot of record as defined in 21.55.015: or 2) the property owner
is determined to be an innocent purchaser in accordance with 20.75.180.A. Where this section
Page 3 of 8
authorizes a lot to be developed even though such lot does not meet the definition for "lot of
record" in 21.55.015, any development on said lot shall comply with the City's development
regulations, including, any a licable development regulations regarding non -conforming lots.
A "Lot of record" status for innocent purchasers. An owner of property may obtain "lot
of record" status foraparr-el that does not meet the "lot of record" definition. To
obtain this status the applicant must submit an affidavit with sufficient supporting
documentation to demonstrate that:
1. The applicant did not have actual notice regarding the subdivision of the property
in question. If the applicant had knowledge of the subdivision (e.g. knowledge
that two parcels in question -were once Dart of the same arcel), but not of its
illegality. the innocent purchase status may not be granted,
2 The purchase price of the parcel is consistent with an arm's length transaction;
3. The owner did not purchase the property from a relative,
4. At the time of 12urchase, there was some existing deed record or survey showin
the subject parcel as a separate lot: and
5. The --parcel had a separate tax ID parcel number prior to the purchase of the
property b t�pplicant.
B. The innocent purchaser status may be approved subject to conditions of approval
requiring the �he applicant to make improvements to the property that would likely have
been required by the city had the property been properly subdivided, unless it is
determined that such improvements have already been constructed.
C An affirmative determination of innocent purchaser and "lot of record" status shall be
recorded with the county auditor.
Section 4. Amendment to Section 20.01.003 Permit type and decision framework.
Section 20.0 t .003 of the Edmonds Community Development Code, entitled "Permit type and
decision framework," is hereby amended to read as follows (new text is shown in underline):
Page 4of8
20.01.003 Permit type and decision framework.
A. Permit Types.
TYPE I
TYPE II
TYPE III -A
TYPE III-B
TYPE fV-A
TYPE IV-B
TYPE V
Zoning compliance
Accessory
Outdoor dining
Essential public
Final formal plats
Site specific
Development
letter
dwelling unit
facilities
rezone
agreements
Lot line adjustment
Formal
Technological
Design review
Final planned
Zoning text
interpretation of
impracticality
(where public
residential
amendment; area -
the text of the
waiver for amateur
hearing by
development
wide zoning map
ECDC by the
radio antennas
architectural
amendments
director
design board is
required)
Critical area
SEPA
Shoreline
Comprehensive
determinations
determinations
substantial
plan amendments
development,
shoreline
conditional use,
shoreline variance
Shoreline
Preliminary short
Conditional use
Annexations
Exemptions
plat
permits (where
public hearing by
hearing examiner
is required)
Minor amendments
Land
Variances
Development
to planned
clearing/grading
regulations
residential
development
Minor preliminary
Revisions to
Home occupation
plat amendment
shoreline
permit (where
management
public hearing by
permits
hearing examiner
is required)
Staff design
Administrative
Preliminary formal
review, including
variances
plat
signs
Final short plat
Land use permit
Preliminary
extension requests
planned residential
development
Sales office/model
Guest house
(ECDC 17.70.005)
Innocent Purchaser
Determination
Page 5 of 8
B. Decision Table.
PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE I — IV)
LEGISLATIVE
TYPE I
TYPE II
TYPE III -A
TYPE III-B
TYPE IV -A
TYPE IV-B
TYPE V
Recommendation
N/A
N/A
N/A
N/A
N/A
Planning board
Planning board
by:
Final decision by7
Director
Director
Hearing
Hearing
City council
City council
City council
examiner
examiner/ADB
Notice of
No
Yes
Yes
Yes
Yes
Yes
No
application:
Open record
No
Only if
Yes, before
Yes, before
No
Yes, before
Yes, before
public hearing or
appealed, open
hearing
hearing
planning board
planning board
open record
record hearing
examiner to
examiner or
which makes
which makes
appeal of a final
before hearing
render final
board to render
recommendation
recommendation
decision:
examiner
decision
final decision
to council
to council or
council could
hold its own
hearing
Closed record
No
No
No
Yes, before the
No
Yes, before the
review:
council
council
Judicial appeal:
Yes
Yes
Yes
Yes
Yes
Yes
Yes
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, 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.
APP VED:
MAYOR DAVID O. EARLING l
ATTEST/AUTHENTICATED
-",V
Cltri,FIERK, SC TT SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
Page 6 of 8
BY
JEFFREY B. TARADAY, CITY ATTORNEY
FILED WITH THE CITY CLERK: November 14, 2014
PASSED BY THE CITY COUNCIL: November 18, 2014
PUBLISHED: November 23, 2014
EFFECTIVE DATE: November 28, 2014
ORDINANCE NO. 3982
Page 7 of 8
SUMMARY OF ORDINANCE NO.3982
of the City of Edmonds, Washington
On the 181h day of November, 2014, the City Council of the City of Edmonds, passed
Ordinance No. 3982. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING PORTIONS OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE TO
MODIFY THE DEFINTION OF "LOT" (ECDC
21,55.010), DEFINING "LOT OF RECORD" (ECDC
21.55.015) AND ESTABLISHING A PROCESS FOR
DETERMINING "INNOCENT PURCHASER" (ECDC
20.75.180 AND 20.01.003).
The full text of this Ordinance will be mailed upon request.
DATED this 191h day of November, 2014.
CI CLERK, SCQ TT PAS8tY
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being first duly 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 refen•ed 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 EDH601603 ORDINANCE
SUMMARY 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
11/23/2014 and ending on 11/23/2014 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$70.52.
Subscribed and sworn before me pn this
day of
Ff
Notary Public in and for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
SCOTT PASSEY
DEBRA ANN GRIGG
Notary Public
State of Washington
MY Commission Expires
October 31, 2017
SUMMARY OF ORDINANCEdmonds.S
ion
On the 161h day off November, 2014, the CitynCounrllof She Cll of
Edmonds, passed the following Ordinances. A summary of the
content of said ordinancas, consisting of tlites, are provided as
follows:
ORDINANCE NO.3962
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING PORTIONS OF THE EDMONDS
COMMUNITY DEVELOPMENT CODE TO MODIFY THE
DEFINTION OF "LOT' (ECDC 21.55.010), DEFINING "LOT
OF RECORD" (ECDC 21.55.015) AND ESTABLISHING A
PROCESS FOR DETERMINING "INNOCENT PURCHASER"
(ECDC 20.75.180 AND 20.01.003�.
ORDINANC N0.3963
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, PROVIDING FOR THE ANNUAL TAX LEVY
BY INCREASING THE REGULAR PROPERTY TAX LEVY BY
THE CURRENT 101 % LEVY LIMIT, THEREBY LEVYING AN
ESTIMATED REGULAR PROPERTY TAX LEVY OF
$9.999,850, AN EMS LEVY OF $3,395,376 AND LEVYING
$925,309 FOR VOTED INDEBTEDNESS FOR THE PUBLIC
SAFETY COMPLEX, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
ORDINANCE NO.3984
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE CITY OF EDMONDS
COMPREHENSIVE PLAN; ADOPTING THE 2014 PARKS
RECREATION AND OPEN SPACE PLAN AND THE 2014
COMMUNITY CULTURAL PLAN AS ELEMENTS OF THE
CITY OF EDMONDS COMPREHENSIVE PLAN TO
REPLACE THE EARLIER VERSIONS OF THOSE
ELEMENTS; AMENDING SUBSECTION C OF THE
COMMERCIAL LAND USE CHAPTER OF THE LAND USE
ELEMENT TO INCORPORATE NEW LANGUAGE FOR THE
WESTGATE NEIGHBORHOOD; AND FIXING ATIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 191h day of November, 2014.
CITY CLERK, SCOTT PASSEY
ubllshed: November 23, 2014. EDH601603I
`�5