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Ordinance 4070 Unit Lot Subdivisions.pdfORDINANCE NO. 4070 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AMENDMENTS TO THE EDMONDS COMMUNITY DEVELOPMENT CODE, ADDING A UNIT LOT SUBDIVISION PROCESS TO CHAPTER 20.75, MAKING TECHNICAL CORRECTIONS AND REVISING REFERENCES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, a private applicant, Westgate Woods LLC, applied to add a unit lot subdivision process to provide for fee -simple ownership opportunities in certain multifamily development projects; and WHEREAS, staff worked with the applicant to revise the proposed language to make additions and clarifications to ensure appropriate integration with existing code; and WHEREAS, after a work meeting and subsequent public hearing on April 26, 2017, the Edmonds Planning Board forwarded their recommended code revisions to the City Council; and WHEREAS, after a work meeting and subsequent public hearing on May 16, 2017, the Edmonds City Council voted to adopt the Planning Board's proposed language and requested that an ordinance be prepared to codify those changes; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 20.75 of the Edmonds Community Development Code, entitled "Subdivisions," is hereby amended to read as set forth in Exhibit 1, which -Im is attached hereto and incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown in :sari > , ugh). Section 2. A new section 21.30.032, entitled "Flat," is hereby added to the Edmonds Community Development Code to read as set forth in Exhibit 1, which is attached hereto and incorporated herein by this reference as if set forth in full (new text is shown in underlirie; deleted text is shown in mil E-01-3). Section 3. Section 21.100.040 of the Edmonds Community Development Code, entitled "Townhouse," is hereby amended to read as set forth in Exhibit 1, which is attached hereto and incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown in mil e4hfi). Section 4. 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 chapter. ATTEST/AUTHENTICATED: PY5E�' APPROVED AS TO FORM: -2- VED: M'W,02 WOMMMU 100916I► OFFICE OF THE CITY ATTORNEY: BY . EFFR ,Y B. TARADAY FILED WITH THE CITY CLERK: June 2, 2017 PASSED BY THE CITY COUNCIL: June 6, 2017 PUBLISHED: June 11, 2017 EFFECTIVE DATE: June 16, 2017 ORDINANCE NO.: 4070 -3- SUMMARY OF ORDINANCE NO. 4070 of the City of Edmonds, Washington On the 6`" day of June, 2017, the City Council of the City of Edmonds, passed the following Ordinance, the summary of the content of said ordinance consisting of its title is provided as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AMENDMENTS TO THE EDMONDS COMMUNITY DEVELOPMENT CODE, ADDING A UNIT LOT SUBDIVISION PROCESS TO CHAPTER 20.75, MAKING TECHNICAL CORRECTIONS AND REVISING REFERENCES, 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 June, 2017. CL , l K, SCgj " ASSEY EXH'IBI'T 1 Chapter 20.75 SUBDIVISIONS Sections: 20.75.010 Citation of chapter. 20.75.020 Purposes. 20.75.025 Scope. 20.75.030 Subdivision defined. 20.75.035 Compliance required. 20.75.040 Application. 20.75.045 Unit lot subdivision. 20.75.050 Lot line adjustment — Application. 20.75.055 Lot combination. 20.75.060 Required information on preliminary plats. 20.75.065 Preliminary review. 20.75.070 Formal subdivision —Time limit. 20.75.075 Modifications. 20.75.080 General findings. 20.75.085 Review criteria. 20.75.090 Park land dedication. 20.75.100 Preliminary approval —Time limit. 20.75.105 Repealed. 20.75.107 Preliminary approval —Time limit extension for previously approved short plats.. 20.75.110 Changes. 20.75.120 Review of improvement plans. 20.75.130 Installation of improvements. 20.75.135 Preparation of final plat. 20.75.140 Final plat — Required certificates. 20.75.145 Final plat — Accompanying material. 20.75.150 Waiver of survey. 20.75.155 Review of final plat. 20.75.158 Short plat — Staff review. 20.75.160 Final plat — Filing for record. 20.75.165 Effect of rezones. 20.75.170 Further division —Short subdivisions. Page 1 of 22 20.75.175 Court review. 20.75.180 Development of lots not divided according to this chapter. 20.75.185 Penalties. 20.75.010 Citation of chapter. This chapter may be cited as the City of Edmonds Subdivision Ordinance and shall supplement and implement the state regulations of plats, subdivisions and dedications found in Chapter 58.17 RCW. 20.75.020 Purposes. The purposes of this chapter are: A. To regulate the subdivision of land and to promote the public health, safety and general welfare in accordance with state standards to prevent overcrowding of land; B. To lessen congestion in the streets and highways; C. To facilitate adequate provisions for water, utilities, sewerage, storm drainage, parks and recreation areas, sites for schools and playgrounds, and other public requirements; D. To provide for proper ingress and egress; E. To require uniform monumenting of subdivisions and accurate legal descriptions of subdivided lots. 20.75.025 Scope. This chapter shall apply to all divisions of land for any purpose except those set forth in RCW 58.17.040, including but not limited to: A. Divisions for cemetery plots or other burial plots; B. Divisions made by testamentary provisions, or by the laws of descent; C. Divisions for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land and the city of Edmonds has approved a binding site plan for the use of the land in accordance with this chapter. Divisions under subsections A and B of this section will not be recognized as lots for building purposes unless all applicable requirements of this chapter are met. 20.75.030 Subdivision defined. Page 2 of 22 A. "Subdivision" means a division of land into lots of any size for the purpose of sale. The term subdivision includes all resubdivisions of land, short subdivisions, and formal subdivisions. The term lot includes tracts, parcels, sites and divisions. The term sale includes lease gift or development or any purpose not excepted in this section. When reference to "subdivision" is made in this code, it is intended to refer to both "formal subdivision" and "short subdivision" unless one or the other is specified. B. "Formal subdivision" means a subdivision of five or more lots. C. "Short subdivision" means a subdivision of four or fewer lots. D."Unit lot subdivision" means a subdivision or short subdivision of land under ECDC 20.75.045 where compliance with the development standards is evaluated with respect to the parent lot, not the unit lot. E."Parent lot" means the lot with legal lot status which establishes the exterior boundary of a unit lot subdivision. F."Unit Lot" means a portion of a parent lot, the fee of which may be independently R�ZIIIJUI WE TEMMOTA 20.75.035 Compliance required. Any person wishing to create a subdivision or lot line adjustment must first comply with this chapter. 20.75.040 Application. Applications for subdivisions shall be made to the community development director on forms provided by the community development department. A subdivision application will be processed concurrently with any applications for rezones, variances, planned unit developments, site plan approvals and other similar approvals, that relate to the proposed subdivision, unless the applicant expressly requests sequential processing. The application shall contain the following items in addition to those specified in ECDC 20.02.002: A. A reproducible copy of the preliminary plat and the number of prints required by the community development department; B. Title report; C. A survey map, if required by the community development director, of the exterior boundaries of the land to be subdivided, prepared by, and bearing the seal and signature of, Page 3 of 22 a professional land surveyor registered in the state of Washington. This map can be combined with the preliminary ECDC 20.75.050 plat at the applicant's option; D. The application fee as set in Chapter 15.00 ECDC; E. A proposal for dedication of park land rather than payment of in -lieu fees, if desired by the applicant; F. Source of water supply and name of supplier; G. Method of sewage disposal, and name of municipal system if applicable. Percolation rates and other information required by the public works department shall be submitted if septic tanks are to be used; H. Other information that may be required by the community development director in order to properly review the proposed subdivision, including information needed to determine the environmental impact of the proposal. [Ord. 3736 § 62, 2009; Ord. 2379 § 1, 1983]. 20.75.045 Unit Lot Subdivision A.Pur ose. The unit lot subdivision process provides opportunities for dividing fee simple ownership of land to create townhouses rowhouses and similar fee -owned dwelling units as an alternative to bath condominium ownership and traditional single-family detached subdivision. Unit lot subdivisions determine compliance with the relevant dimensional standards of Title 16 by analyzing whether the pa,rent lot complies, but not requiring that each newly created lot within the unit lot subdivision the unit lot comply,with those dimensional standards. A unit lot subdivision does not permit uses or densities that are not otherwise allowed in the zoning, district in which the unit lot subdivision is proposed. B.Applicability. The provisions of this section apply exclusively to the subdivision of land for single-familv dwelling units, townhouse, and rowhouses and may be aoalied only in the following zones: Multiple Residential. General Commercial. and Westgate Mixed Use. A single lot within a unit lot subdivision may contain multiple dwelling units when the unit lot contains all such dwelling units within one building. Flats are permitted as an element of a unit lot subdivision only when a single lot within a unit lot subdivision contains the entire C.As,sociation with Site Development— — A lication Timing, In the case of a vacant lot or a redevelopment site a preliminary unit lot subdivision can only be submitted in conjunction with or subse uent to, a development site Plan as re uired by ECDC 20.10 20.11 20.12 or in the case described in ECDC 20.10.020.13.3 submitted in conjunction with or subse uent to a building permit. Page 4 of 22 D.Conformance with Standards of the Parent. Lot. The parent lot must comply with and is vested to the applicable development standards (ECDC 20.75.030.E) in effect at the time a complete aoolication for preliminary unit lot subdivision is submitted. As a result of the unit lot subdivision the individual unit lots within the subdivision may be nonconforming with iresp,ect to the bulk and dimensional standards required by Title 16 ECDC. As with dimensional standards compliance with access standards iincluding but not limited to fire lanes drive aisles turn-arounds, and access of to the parent lot from/to the street will be evaluated based on the parent lot's compliance with such requirements, and not. based on whether individual unit lots meet such standards. E.Future Additions and Modifications. Subsequent platting actions additions or modifications to the structures may not create or increase anv nonconformity of the parcel lot. Changes reouirine permitting that affect only the interior of building units will be evaluated for compliance with the requiremen!L2nly for that unit. Any exterior changes will be evaluated for compliance by, considering whether the parent lot would still comply with aRplicable development standards. Any application for such external changes will........, re uire authorization of all owners of affected unit lots or approval of the HOA where changes to commonly owned tracts are proposed. F.Homeowners association ownership of common areas. Anv commonly used areas or facilities within a unit lot subdivision, including but not limited to common access. garage or parking areas, common open space or recreation space, common courtyards. commonly used stormwater facilities or side sewers and other similar features, must be owned and maintained by a homeowners association with the right to assess the individual unit lot owners as necessary to properly maintain and repair such areas. Appropriate documentation regarding the rights of the homeowners association must be submitted for recording with the final plat. G.Maintenance Agreements for building exteriors. Maintenance agreements must be executed and recorded as an element of the final unit subdivision plat or short plat for maintenance of all building exteriors except in cases where all dwelling units are detached. The maintenance agreement must require equal participation by all owners within anv one building and must be recorded on the final Unit Lot plat. The re uirement does not apply to detached single family dwelling units. Common wall construction must meet currently adopted building codes. H.Parking on Different Unit Lots Allowed, Within the parent lot re uired parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit as Ione as the right to use that narking is formalized by an easement on the final plat. Page 5 of 22 I. Notice of Unit Lot on the Final Plat. The fact that the unit lot is not a separate buildable lot and that additional development of the individual unit lots may be limited as a result of th common wall foundations, are installed and located on the face of the final plat by the land surveyor of record. K.Review. Unit lot subdivisions of four or fewer lots are processed and reviewed as short subdivisions while five or more lots are formal subdivisions pursuant to ECDC 20.01 and the requirements of this chapter. 20.75.050 Lot line adjustment—Application. A. Lot Line Adjustment Defined. A lot line adjustment is an alteration of lot lines between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division. B. Lot Line Adjustment Exempt from Subdivision Review. Except as otherwise provided in this section, lot adjustments shall not be subject to the provisions of this chapter. C. Lot Line Adjustment Review. All proposals for lot line adjustments shall be submitted to the Edmonds planning manager or his/her designee for approval. The Edmonds planning manager or his/her designee shall approve the proposed lot line adjustment unless the manager or his/her designee certifies in writing that the proposed adjustment will: 1. Create a new lot, tract, parcel, site or division; 2. Reduce the setbacks of existing structures below the minimum required by code or make existing nonconforming setbacks of existing structures more nonconforming than before; 3. Reduce the lot width or lot size below the minimum required for the applicable zone; 4. Transform a nonbuildable lot, tract, parcel, site or division into a buildable lot, tract, parcel, site or division; 5. Would otherwise result in a lot which is in violation of any requirement of the ECDC. D. Application. A lot line adjustment application shall be submitted on forms provided by the city and shall at a minimum contain the following information: Page 6 of 22 1. One copy of dimensioned plans on the official city of Edmonds lot line adjustment form. The dimensioned plans shall be prepared and stamped by a professional land surveyor registered in the state of Washington and shall conform to city of Edmonds survey requirements, as promulgated by the Edmonds planning division. Information on the plans shall include the following: a. Legal descriptions of the existing lots and proposed lot line adjustment(s); b. The location of all existing structures on the subject parcel(s), including dimensioned setback information from all existing and proposed lot lines and ingress/egress easements; c. Locations of all existing ingress/egress and utility easements; d. Gross lot area for the original parcels and the proposed parcels (gross lot area does not include any lot area devoted to vehicular ingress/egress easements); e. The existing zoning of the subject parcel(s); f. Location of all existing driveways on the subject parcel(s); and g. The lot lines of adjoining properties for a distance of at least 50 feet. 2. A title company certification which is not more than 30 calendar days old containing:. a. A legal description of the total parcel(s) sought to be adjusted; b. A list of those individuals, corporations, or other entities holding an ownership interest in the parcel(s); c. Any easements or restrictions affecting the property(ies) with a description, purpose and reference by auditor's file number and/or recording number; d. Any encumbrances on the property; and e. Any delinquent taxes or assessments on the property. E. Fee. The application fee shall be as set in Chapter 15.00 ECDC. F. Expiration. An application for a lot line adjustment shall expire one year after a complete application has been filed with the city. An extension up to an additional year may be granted by the Edmonds planning manager or his/her designee upon a showing by the application of reasonable cause. Page 7 of 22 G. Review. A certified determination of the planning manager or his/her designee may be appealed to the hearing examiner as a Type II decision as set forth in Chapter 20.06 ECDC. [Ord. 3736 § 63, 2009; Ord. 3211 § 1, 1998]. 20.75.055 Lot combination. A. Lot Combination Defined. A lot combination is the combination of two or more legal, illegal, or nonconforming lots into one or more lots, all of which comply with the provisions of this code in effect at the time of said combination. B. An application for lot combination shall be signed for by all individuals or entities owning an interest in the property. The application fee shall be the same as the fee established for lot line adjustments. C. Lot combinations shall be approved as a matter of right unless the development services director finds that the combination of lots would: 1. Not result in legal conforming lot; and/or 2. Not be in compliance with the goals and objectives of the city's comprehensive plan. The director shall, as a part of his decision, determine whether or not the lots, as combined, negatively impact compliance with the city's urban density requirements as established pursuant to the State Growth Management Act, comprehensive plan and the Snohomish County planning policies. D. The director's decision shall be issued in writing and shall be mailed to all properties within 300 feet of the site. Appeal may be taken from the director's decision within 10 working days of mailing of the decision and posting thereof in accordance with the provisions of Chapter 20.06 ECDC. [Ord. 3736 § 64, 2009; Ord. 3296 § 2, 2000]. 20.75.060 Required information on preliminary plats. A preliminary plat is a neat and approximate drawing to scale of a proposed division of land, showing the existing conditions and the general proposed layouts of streets, lots and other information needed to properly review the proposal. The preliminary plat of a short subdivision may be referred to as a short plat. A preliminary plat shall be prepared by a professional land surveyor registered in the state of Washington. The scale used shall be sufficient to show clearly all details of the proposal. A scale of 50 feet to the inch is preferred; other engineering scales may be used, if necessary. Preliminary plats for formal subdivisions shall not exceed a size of 24 inches by 36 inches. Short plats shall be on an 8 -1/2 -by -11 -inch page. The following information shall be shown on the plat: Page 8 of 22 A. The name, if any, of the proposed subdivision; B. Sufficient description to define the location and boundaries of the proposed subdivision; C. Name, address, seal and signature of the land surveyor who prepared the map; D. A vicinity sketch; E. Date prepared or revised, scale, north point, quarter section, section, township and range number; F. Total acreage of the land to be divided, and area in square feet of each proposed lot; G. Existing zoning, and zoning boundaries, if any; H. Lot dimensions and numbers; I. Setback lines required by the existing or proposed zoning, if the proposed lot has an unusual shape, steep topography, or other unusual limitations on its building site; J. Any existing property lines within, or adjacent to, the proposed subdivision, and the names of the owners of adjacent property; K. Contour lines in areas to be developed shall be at five-foot intervals, or as specified by the community development director. Ten -foot intervals may be used in areas not to be developed. All contour lines shall be extended into adjacent property a sufficient distance to show the topographical relationship of adjacent property to the proposed subdivision; L. The location, name and width of all existing and proposed street rights-of-way, or easements within or adjacent to the proposed subdivision, the grade or proposed streets and the pavement location of existing and proposed streets; M. The location of all existing structures within the proposed subdivision and within 25 feet of the proposed subdivision. Public area or areas to be owned in common by the lot owners, if any; N. The location of tree -covered areas, with the location of individual trees over eight inches in diameter in areas as requested by the planning director; O. A preliminary grading plan or profile of proposed roads if more than 500 cubic yards of earth is to be removed; P. A preliminary drainage proposal as specified in Chapter 18.30 ECDC, showing existing and proposed drainage facilities for the site and the adjacent areas; Page 9 of 22 Q. A statement of improvements to be installed; R. The location of known or suspected soil or geological hazard areas, water bodies, creeks and areas subject to flooding; S. Possible future lot lines if any is large enough to allow future division; T. Location of existing underground utility lines, sewer and water mains adjacent to or within the proposed subdivision; U. Other information that may be required by the community development director in order to properly review the proposed subdivision, including information needed to determine the environmental impact of the proposal. [Ord. 3296 § 1, 2000. Formerly 20.75.055.]. 20.75.065 Preliminary review. A. Responsibility for Review. The community development director, or a designated planning staff member, is in charge of administering the preliminary review of all subdivisions. The public works director and the fire department, and other departments if needed, shall participate in preliminary review by appropriate recommendations on subjects within their respective areas of expertise. B. Notice of Hearing. 1. When the director of community services has accepted a subdivision for filing, he shall set a date of hearing, and give notice of the hearing as provided in ECDC 20.03.003, and by the following for a formal subdivision: a. One publication in a newspaper of general circulation within Snohomish County pursuant to Chapter 1.03 ECC and posting notice in three conspicuous places within 300 feet of any portion of the boundary of the proposed formal subdivision not less than 10 working days prior to the hearing. b. Mailing to a city if a proposed formal subdivision is adjacent or within one mile of the city's boundary, or the proposed subdivision would use the utilities of the city. c. Mailing to the county if a proposed formal subdivision is adjacent to the city -county boundary. d. Mailing to the State Department of Highways if a proposed formal subdivision is adjacent to a state highway right-of-way. Page 10 of 22 e. The notice must include a legal description and either a vicinity location sketch or a location description in nonlegal language. C. Time Limits for Staff Review. Staff review shall be completed within 120 days from the date of filing. D. Formal Subdivision Review. The hearing examiner shall review a formal subdivision as a Type III -A decision in accordance with provisions of Chapter 20.06 ECDC. E. Short Subdivisions — Staff Review. The director of community services shall review a short subdivision as a Type II decision (Staff decision — Notice required). F. Appeal of Staff Decision. Any person may appeal to the hearing examiner a Type II decision of the community development director on a short subdivision under the procedure set forth in Chapter 20.06 ECDC. [Ord. 3817 § 12, 2010; Ord. 3783 § 12, 2010; Ord. 3775 § 12, 2010; Ord. 3736 § 65, 2009; Ord. 3211 §§ 4, 5, 1998; Ord. 3112 §§ 17, 18, 19, 1996; Ord. 2379 § 2, 19831. 20.75.070 Formal subdivision —Time limit. The city council shall make its final decision on a proposed formal subdivision within 90 days of the date of filing, unless the applicant agrees to extend the time. Where applicable, additional time needed to prepare and circulate an environmental impact statement shall not be included within said 90 days. [Ord. 3783 § 13, 2010; Ord. 3775 § 13, 20101. 20.75.075 Modifications. A. Request. Request for a modification to a requirement of this chapter shall be made on the regular subdivision application form. The applicant shall state reasons to support the approval of the requested modification. B. Notice. The notice of the public hearing at which the applicant's proposed subdivision will be considered shall contain a description of the proposed modification. C. Consideration. The proposed modification shall be considered in the same manner as the proposed subdivision. The modification may be approved, or recommended for approval, only if all of the required findings set forth in Chapter 20.85 ECDC (Variances) can be made, [Ord. 3211 § 6, 1998]. 20.75.080 General findings. A proposed subdivision may be approved only if all of the following general findings can be made for the proposal, as approved or as conditionally approved: Page 11 of 22 A. Subdivision Ordinance. The proposal is consistent with the purposes of this chapter (as listed in ECDC 20.75.020) and meets all requirements of this chapter. B. Comprehensive Plan. The proposal is consistent with the provisions of the Edmonds Comprehensive Plan, or other adopted city policy, and is in the public interest. C. Zoning Ordinance. The proposal meets all requirements of the zoning ordinance, or a modification has been approved as provided for in this chapter. D. Flood Plain Management. The proposal meets all requirements of the Edmonds Community Development Code relating to flood plain management. [Ord. 2466, 1984]. 20.75.085 Review criteria. The following criteria shall be used to review proposed subdivisions: A. Environmental. 1. Where environmental resources exist, such as trees, streams, ravines or wildlife habitats, the proposal shall be designed to minimize significant adverse impacts to the resources. Permanent restrictions may be imposed on the proposal to avoid impact. 2. The proposal shall be designed to minimize grading by using shared driveways and by relating street, house site and lot placement to the existing topography. 3. Where conditions exist which could be hazardous to the future residents of the land to be divided, or to nearby residents or property, such as flood plains, steep slopes or unstable soil or geologic conditions, a subdivision of the hazardous land shall be denied unless the condition can be permanently corrected, consistent with paragraphs A(1) and (2) of this section. 4. The proposal shall be designed to minimize off-site impacts on drainage, views and so forth. B. Lot and Street Layout. 1. Lots shall be designed to contain a usable building area. If the building area would be difficult to develop, the lot shall be redesigned or eliminated, unless special conditions can be imposed on the approval which will ensure that the lot is developed properly. 2. Lots shall not front on highways, arterials or collector streets unless there is no other feasible access. Special access provisions, such as shared driveways, turnarounds or frontage streets may be required to minimize traffic hazards. Page 12 of 22 3. Each lot shall meet the applicable dimensional requirements of the zoning ordinance. 4. Pedestrian walks or bicycle paths shall be provided to serve schools, parks, public facilities, shorelines and streams where street access is not adequate. C. Dedications. 1. The city council may require dedication of land in the proposed subdivision for public use. 2. Only the city council may approve a dedication of park land to satisfy the requirements of ECDC 20.75.090. The council may request a review and written recommendation from the planning advisory board. 3. Any approval of a subdivision shall be conditioned on appropriate dedication of land for streets, including those on the official street map and the preliminary plat. D. Improvements. 1. Improvements which may be required, but are not limited to, streets, curbs, pedestrian walks and bicycle paths, sidewalks, street landscaping, water lines, sewage systems, drainage systems and underground utilities. 2. The person or body approving a subdivision shall determine the improvements necessary to meet the purposes and requirements of this chapter, and the requirements of: a. ECDC Title 18, Public Works Requirements; b. Chapter 19.75, Fire Code, as to fire hydrants, water supply and access. This determination shall be based on the recommendations of the community development director, the public works director, and the fire chief. 3. The use of septic systems may be approved if all of the following conditions are met: a. It is more than 200 feet, multiplied by the number of lots in the proposed subdivision, from the nearest public sewer main to the nearest boundary of the land to be divided. b. The land to be divided is zoned RS -20. c. The public works director and city health officer determine that soil, drainage and slope conditions are satisfactory for septic use and that all requirements of WAC 248-96-090 are met. Page 13 of 22 E. Flood Plain Management. All subdivision proposals shall comply with the criteria set forth in the Edmonds Community Development Code for flood plain management. [Ord. 3211 § 7, 1998; Ord. 2466, 1984]. 20.75.090 Park land dedication. A. Dedication or In -Lieu of Fee Required. Before or concurrent with the approval of the final plat of any subdivision, the subdivider shall dedicate land, pay a fee in -lieu of dedication, or do a combination of both, for park and recreational purposes. B. Proposal of Dedication. Either the applicant or the city may propose dedication of a portion of the land to be divided in order to meet the regulations of this section. Payment of in -lieu fees is required unless dedication is proposed and approved. C. Review of Dedications. Dedication proposals shall be reviewed at the same time as the subdivision proposal. Any short subdivision containing a dedication proposal shall be reviewed as if it were a formal subdivision. D. Factors for Review. Dedication proposals shall be reviewed for consistency with the Comprehensive Plan, the Comprehensive Parks and Recreation Plan, and the Recreational Walks Plan. Other factors to be considered include size, usability and accessibility of the land proposed for dedication, and the possibility of coordinating dedication by owners of adjacent land. E. In -Lieu Fee. In -lieu park fees shall be as set in Chapter 15.00 ECDC. 20.75.100 Preliminary approval — Time limit. A. Approval of a preliminary plat shall expire and have no further validity at the end of the time period established under RCW 58.17.140, unless the applicant has acquired final plat approval prior to the expiration date established under RCW 58.17.140. The time period for subdivisions shall commence upon the date of preliminary plat approval by the issuance of a written decision by the Edmonds hearing examiner. In the event that the decision of the hearing examiner is appealed to the Edmonds city council and/or Snohomish County superior court, the time period shall commence upon the date of final confirmation of the preliminary plat decision by the city council or judiciary. B. Approval of a short plat shall expire and have no further validity at the end of seven years if preliminary short plat approval is issued on or before December 31, 2013, and five years if preliminary short plat approval is issued on or after January 1, 2014, unless the applicant has acquired final short plat approval within the specified time period. The time period for short plats shall commence upon the issuance of a final, written staff decision. In the event Page 14 of 22 that the decision of staff is appealed to the Edmonds hearing examiner and/or Snohomish County superior court, the time period shall commence upon the date of final confirmation of the preliminary short plat decision by the hearing examiner or judiciary. [Ord. 3925 § 1, 2013] . 20.75.105 Extensions of time. Repealed by Ord. 3190. [Ord. 2379 § 4, 1983]. 20.75.107 Preliminary approval —Time limit extension for previously approved short plats. Short plats that received preliminary approval on or after January 1, 2006, and would have expired prior to the effective date of the ordinance codified in this section shall have their preliminary approvals automatically extended for a period of two years from the effective date of the ordinance codified in this section. Preliminary approval of such short plats shall expire and have no further validity at the end of two years from the effective date of the ordinance codified in this section, unless the applicant has acquired final short plat approval within the specified time period. Notice of the two-year extension from the effective date of the ordinance codified in this section shall be provided to the parties of record of such preliminary short plats. [Ord. 3925 § 2, 2013]. 20.75.110 Changes. A. Preliminary Plats. The community development director may approve as a Type II decision (Staff decision — Notice required) minor changes to an approved preliminary plat, or its conditions of approval. If the proposal involves additional lots, rearrangements of lots or roads, additional impacts to surrounding property, or other major changes, the proposal shall be reviewed in the same manner as the original application. Application fees shall be as set in Chapter 15.00 ECDC. B. Recorded Final Plats. An application to change a final plat that has been filed for record shall be processed in the same manner as a new application. This section does not apply to affidavits of correction. [Ord. 3736 § 66, 2009]. 20.75.120 Review of improvement plans. A. Timing. If improvements are required as a condition of preliminary approval of a subdivision, the applicant shall submit the improvement plan to the director of public works for review and approval, allowing sufficient time for proper review before expiration of the preliminary plat approval. Page 15 of 22 B. Engineered Design. All improvement plans shall be prepared, dated, signed and sealed by a licensed engineer registered in the state of Washington, unless the public works director determines that engineer plans are not necessary. 20.75.130 Installation of improvements. A. Timing and Inspection Fee. The applicant shall not begin installation of improvements until the public works director has approved the improvement plans, the public works director and the applicant have agreed in writing on a time schedule for installation of the improvements, and the applicant has paid an inspection fee, as set in Chapter 15.00 ECDC, B. Completion — Bonding. The applicant shall either complete the improvements before the final plat is submitted for city council approval, or the applicant shall post a bond or other suitable surety to guarantee the completion of the improvements within one year of the approval of the final plat. The bond or surety shall be based on the construction cost of the improvement as determined by the director of public works, and shall be processed as provided in Chapter 17.10 ECDC. C. Acceptance — Maintenance Bond. The director of public works shall not accept the improvements for the city of Edmonds until the improvements have been inspected and found satisfactory, and the applicant has posted a bond or surety for 15 percent of the construction cost to guarantee against defects of workmanship and materials for two years from the date of acceptance. D. Short Subdivision — Deferred Installation. If the community development director determines that installation of improvements will not be needed at the time of the approval of the final plat of the short subdivision, the improvements shall be installed or guaranteed by bond before issuance of any development permit for any lot shown on the preliminary plat. This condition shall be stated on the final plat, and shall be binding on all later owners of lots created by the subdivision. 20.75.135 Preparation of final plat. A final plat is a final, precise drawing of a subdivision which conforms to the approved preliminary plat, and meets all conditions of the preliminary approval and all requirements of this chapter. It shall be prepared in accordance with the following: A. Surveyor. A professional land surveyor registered in the state of Washington shall prepare, or supervise the preparation of, the final plat. B. Survey. The surveyor shall survey the land to be divided, and as much of the section(s) in which the land is located as is needed to properly orient the land within the section(s). Page 16 of 22 C. Monuments. The surveyor shall set monuments at street intersections, lot and block corners, boundary angle points, points of curbs in streets, controlling corners on the boundaries of the land, and other points as required by the public works director. The type of monuments and the method of setting shall be as specified by the public works director. D. Standards. The public works director shall set standards for the preparation of final plats. 20.75.140 Final plat — Required certificates. The following certificates shall be shown on the final plat. Subsections A through G of this section shall be signed by the indicated person before the final plat is submitted for review. Subsection G is required for formal subdivision only. A. Surveyor. The surveyor shall place his seal and signature on the plat along with: 1. A statement certifying that the plat was prepared by him, or under his supervision; 2. A statement certifying that the plat is a true and correct representation of the land surveyed; 3. A full and correct description of the land to be divided, B. Owner. The owner shall certify that the subdivision has been made with his free consent and according to his desires. Owners of other interests shown on the title report shall certify that they have notice of the subdivision. C. Dedications. A certificate of dedication by the owner for all areas to be dedicated to the public, acknowledged by a notary. D. Waiver of Claims. A statement by the owner waiving all claims for damages against any governmental authority which may arise from the construction, drainage and maintenance of required improvements. E. Waiver of Access. If required by the conditions of the preliminary approval, a waiver by the owner of direct access to any street from any property. F. Roads Not Dedicated. A statement or other clear indication by the owner if any street is not to be dedicated to the public. G. Health Officer. A statement by the city of Edmonds health officer certifying that the proposed means of sewage disposal and water supply are adequate. H. Director of Public Works. The following statements to be signed by the director of public works: Page 17 of 22 1. A statement approving the survey date, the layout of streets, alleys and other rights-of- way, design of bridges, sewage and water system and other structures; 2. A statement recommending approval of the final plat of a formal subdivision to the city council, or approving the final plat of a short subdivision. Community Development Director. The following statements to be signed by the community development director: 1. A statement that the final plat conforms to the approved preliminary plat and all conditions of the preliminary approval; 2. A statement recommending approval of the final plat of a formal subdivision to the city council or approving the final plat of a short subdivision. J. City Approval. A statement to be signed by the mayor and city clerk that the city council has approved the final plat of a formal subdivision or a short subdivision with a dedication. K. Taxes. A statement to be signed by the county treasurer that all taxes and delinquent assessments for which the land to be divided may be liable as of the date of the signing of the statement have been paid. 20.75.145 Final plat — Accompanying material. The following material shall be submitted to the director of public works with the final plat: A. Review Fee. A review fee for the final plat as set in Chapter 15.00 ECDC shall be paid for each check or recheck of the final plat. B. Survey Notes. Complete field and computation notes of the plat survey showing the original or re-established corners with descriptions and the actual traverse showing error of closure and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 5,000 feet. C. Title Report. A title report showing that ownership and other interests in the land described and shown on the final plat is in the name of the person signing the owner's certificate. 20.75.150 Waiver of survey. The director of public works may waive the requirement of a survey for the final plat in the following circumstances if there will be no adverse effect on the public interest: if the Page 18 of 22 boundaries of the lot proposed for short subdivision have sufficient existing monuments to define the proposed lot lines. If the director of public works waives the survey requirements, the applicant shall prepare a final plat that meets all other requirements of this chapter and which contains legal descriptions of each proposed lot. [Ord. 3211 § 9, 1998]. 20.75.155 Review of final plat. A. Submission. The applicant may not file the final plat for review until the required improvement plans have been submitted for approval to the director of public works. B. Time Limit. A final plat shall be approved, disapproved or returned to the applicant for correction within 30 days of its official filing with the director of public works for review, unless the applicant agrees to extend the time limit. This time period shall not include required environmental review. C. Staff Review. The director of public works and the community development director shall review the final plat of a formal subdivision. They shall then forward the final plat to the city council for a Type IV -A decision after having signed the statements required by ECDC 20.75.140 or attaching their recommendation for disapproval. D. City Council Review. If the city council finds that the public use and interest will be served by the proposed subdivision and that all requirements of the preliminary approval in this chapter have been met, the final plat shall be approved and the mayor and city clerk shall sign the statement of the city council approval on the final plat. E. Acceptance of Dedication. City council approval of the final plat constitutes acceptance of all dedication shown on the final plat. [Ord. 3736 § 67, 2009; Ord. 2991 § 1, 1994]. 20.75.158 Short plat — Staff review. The community services director, through his/her designees, the director of public works and the community development director shall conduct an administrative review of a proposed short subdivision and either sign the statements required by ECDC 20.75.140, if all requirements of this chapter have been met, or disapprove such action, stating their reasons in writing. Such administrative action shall be final subject only to right of appeal to the hearing examiner as a Type II decision under Chapter 20.06 ECDC. Dedication of any interest in property contained in an approval of the short subdivision shall be forwarded to the city council for formal acceptance on its consent agent; provided, however, that such acceptance shall not stay any approval, time period for appeal or the effective date of the short subdivision. [Ord. 3736 § 68, 2009; Ord. 3211 § 10, 1998; Ord. 2991 § 1, 19941. Page 19 of 22 20.75.160 Final plat — Filing for record. The city clerk shall file the final plat or short plat for record with the county auditor, and arrange for a reproducible copy to be sent to the public works department and the applicant and a paper copy to be sent to the county assessor and the community development department. The plat or short plat shall not be considered "approved" until so filed with the county auditor. 20.75.165 Effect of rezones. The owner of any lot in a final plat filed for record shall be entitled to use the lot for the purposes allowed under the zoning in effect at the time of filing for five years from the date of filing the final plat for record, even if the property is rezoned; provided that all requirements of the community development code, other than lot area, are met. 20.75.170 Further division — Short subdivisions. A further division of any lot created by a short subdivision shall be reviewed as and meet the requirements of this chapter for formal subdivision if the further division is proposed within five years from the date the final plat was filed for record; provided, however, that when a short plat contains fewer than four parcels, nothing in this section shall be interpreted to prevent the owner who filed the original short plat, from filing a revision thereof within the five-year period in order to create up to a total of four lots within the original short subdivision boundaries. [Ord. 2623 § 1, 1987]. 20.75.175 Court review. Any decision approving or disapproving any plat or short plat shall be reviewable for unlawful, arbitrary, capricious or corrupt action or nonaction by writ of review before the Superior Court of Snohomish County. The action may be brought by any property owner in the city, who deems himself or herself aggrieved thereby; provided, that application for a writ of review shall be made to the court within 30 days from any decision so to be reviewed. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant. 20.75.180 Development of lots not divided according to this chapter. No building permit, septic tank permit or other development permit shall be issued for any lot unless: (1) the subject property is a lot of record as defined in ECDC 21.55.015; or (2) the property owner is determined to be an innocent purchaser in accordance with subsection (A) of this section. Where this section authorizes a lot -to be developed even though such lot does not meet the definition for "lot of record" in ECDC 21.55.015, any development on said lot shall Page 20 of 22 comply with the city's development regulations, including any applicable development regulations regarding nonconforming lots. A. "Lot of Record" Status for Innocent Purchasers. An owner of property may obtain "lot of record" status for a parcel 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 part of the same parcel), 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 purchase, there was some existing deed, record or survey showing 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 by the applicant. B. The innocent purchaser status may be approved subject to conditions of approval requiring the 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. [Ord. 3982 § 3, 2014]. 20.75.185 Penalties. Any person who violates any provision of this chapter relating to the sale, offer for sale, lease or transfer of any lot is guilty of a misdemeanor and subject to the penalties of ECC 5.50.020. Each sale, offer for sale, lease or transfer of each separate lot in violation of any provision of this chapter shall be deemed a separate and distinct offense. In addition to these criminal sanctions, the city shall have the right to bring an action to restrain and enjoin any subdivision, sale or transfer, compel compliance with the provisions of this chapter and obtain other injunctive relief. The costs of such action shall be paid by the violator and shall include the city attorney's fees. Page 21 of 22 21.30.032 Flat. above andlor below each other. 21.100.040 Townhouse. Townhouse means a multiple dwelling unit meeting the following criteria: A. No dwelling unit overlapping another vertically; B. Common side walls joining units; C. Not more than six dwelling units in one structure; D. Coverage shall not exceed the aggregate coverage of the individual structures as defined in the zoning code; MAS M—"MW-I:� . Page 22 of 22 Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Dicy Sheppard 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 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 EDH762212 ORDINANCE 4070, 4071 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 06/11/2017 and ending on 06/11/2017 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $46.44. �,����111111111�J� p K P,/ Subscribed and sworn before me on this ` �,„ �t �s� r� ��N ✓ day, of � , ,)k , ct',, PUB[ N. N op *VVA'\ Notary Public in and for the State of Washington. City of Ed -6 -LEGAL ADS 114101416 SCOTT PASSEY ORDINANCE SUMMARY of1MeCity )r1Edrnond,.+ VWaahlil,Cp(W Orenly as 6M day u1 J ims 2017, 1110 cay Council GI Tlm WC.`11,y of C,1111rosade. 00 oo hro Ordiaimruces, the ,urrwmr60.i, W the „oialenh0 r)rd ire,mces axsnsV', tnq rrl him% me pcoviflad as fcrllouvs: ORDINANCE NO,4070 AIN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AI::IOPTING AME::NI::DMEN'1`S TO "IHE EDMONDS COMIOUNH Y DEVELOPMENT CODE, AI:: IANC A UNIT LOT SUBDIVISION PROCESS 10 CHAI l ER; '.7.0,75, MAKING TECHNICAL HNICAL CORRE::C`.'1"IONS AND REVISIIW(:� REFER AN[) FIXING A 'IME WHEN I RE SAME::. Slik-l... BECOME EFFI:::C:TIVE:. OEtDINANCC NO. 4071 AN ORI::9INANCE OF 'I HE CI'1"Y OF 1:::I::)MOND5, WASHINGTON, AOOPI`ING FINDINGS AND CC:)NCLUSIONS AND APPROVING A CHANGE.. IN ZONING FOFI CER'1"AIN PROP Ew.E:d7Y SUff,JI:::C.1...1"0 CONTRACT REZONE:: 1..1_9.7..28 FROM CON -m ACT RS -8 TO AS -1 AUTHOFIIZING AMENDMENT OF rEEE:: CITY'S OFFICIAL ZONING MAP; AND FIXING A'EIME WHEN THE SAME SHAI...I... BECOME::'. EFFEC iIVE. The Full text of threw Ordinances OalI1 be mailed upon requosA. CDAI`ED this Ah day at June, 2017. CITY CLERK, SC:C)'f'I' I''ASSI::Y ..................fl,ubllshed: Juno 1 1, 2017. EDI -I762212