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Staff Report.pdfI,)C. 1s()�3 Project: 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 • FAX 425-771-0221 Website: www.cLedmonds.wa.us PUBLIC WORKS DEPARTMENT Engineering Division GARY HAAKENSON MAYOR ENGINEERING fi-T & RECOMMENDATION TO THE HEARING EXAMINEa Review of 2010 City Project List Date of Report: Jan ary 26, 20 0 From: Robert English City Engineer Public Hearing: February 4, 2010 at 3:00 P.M. Edmonds Public Safety Complex: Council Chambers 250 5th Avenue North, Edmonds WA 98020 I. SUMMARY OF PROPOSED ACTION AND RECOMMENDATION: The City of Edmonds Comprehensive Plan, Page 2, Effective Plan, requires that No street, park or other public way, ground, place, space, or public building or structure, or utility [whether publicly or privately owned] shall be abandoned, constructed or authorized until the Hearing Examiner has reviewed and reported to the City Council on the location, extent and consistency with the Comprehensive Plan. The Hearing Examiner's report shall be advisory only. This provision was not mirrored by a provision of the Edmonds Community Development Code and provisions of the Comprehensive Plan are not self-executing. In order to comply with the Growth Management Act, the City's zoning code and Comprehensive Plan must be synchronized. Accordingly, the Edmonds City Council adopted Interim Ordinance 3780. A copy is attached to the staff report as Exhibit 2. In accordance with the City Council's directive, the staff brings the following projects and related easements to the Hearing Examiner for review in accordance with the Comprehensive Plan and Interim Zoning Ordinance. We • Incorporated August 11, 1890 • Sister City - Hekinan, Japan request your finding that the project's location and extent are consistent with the Comprehensive Plan. The attached 2010 project list (Exhibit 1) references the specific provision of the Comprehensive Plan, Capital Facilities Plan or the Comprehensive Plan elements that acknowledges and authorizes the project. II. ATTACHMENTS: 1. 2010 Project List and Easements 2. Ordinance No. 3780 3. Comprehensive Plan (December 2009) 4. 2002 Water Comprehensive Plan (Including Appendix G) 5. 2006 Sanitary Sewer Comprehensive Plan 6. 2003 Stormwater Comprehensive Plan 7. Edmonds Drainage Basin Studies — Talbot Park Basin (Pgs 7-6, 7-7 and Map) Page 2 of 2 0006.90000 WSS/gjZ 12/22/09 R:1/14/lOgjz f ORDINANCE NO. 3780 AN INTERIM ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING CERTAIN PROCEDURES WITH RESPECT TO THE ABANDONMENT, CONSTRUCTION AND AUTHORIZATION OF PUBLIC PROJECTS AND STREET VACATIONS AND DEDICATIONS, SETTING A PUBLIC HEARING, FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE AND PROVIDING FOR EXPIRATION. WHEREAS, the City of Edmonds Comprehensive Plan, Effect Of Plan, Sections B and C establishes procedure for Hearing Examiner review and advisory recommendation to the City Council, and WHEREAS, such provisions have been in effect for many years and, while superseded by the City's Comprehensive Facilities Plan and other procedures mandated by the Growth Management Act, remain in full force and effect, and WHEREAS, there are no implementing provisions within the City's Community Development Code, and the Comprehensive Plan is not self executing, and WHEREAS, the City is obligated to maintain consistency between its Comprehensive Plan and Zoning Code in order to remain in compliance with the requirements of the Growth Management Act, Chapter 36.70A RCW, and WHEREAS, the City Council deems it to be in the public interest to:; A. Adopt interim zoning procedures to ensure compliance with the provisions of the City's Comprehensive Plan; and B. Forward the aforementioned provisions of the Comprehensive Plan for (WSS755881.DOC;1\00006.900000\) - I - review in the 2010 process for review and potential amendment of the Comprehensive Plan, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The following interim zoning procedures are hereby established to be administered in conjunction with the procedural requirements of Title 20 of the Edmonds Community Development Code: 1.1 Public Projects No street, park or other public way, ground, place, space or public building or structure, or utility (whether publicly or privately owned) shall be abandoned, constructed or authorized until the Hearing Examiner has reviewed and reported to the City Council the location, extent and consistency with the Comprehensive Plan. The Hearing Examiner's report shall be advisory only. 1.1.1 A proposal to construct or authorize any of the public properties detailed in Section 1.1 which are listed on the Capital Facilities Plan, Parks Plan, Capital Improvements Plan or other Comprehensive Plan element may be heard either individually or as a group. The hearing before the Hearing Examiner for the construction or authorization of any project so listed in the Comprehensive Plan shall be listed on the Hearing Examiner's agenda, and notice published on the City's web site and on City bulletin boards. 1.2. Notice of the Hearing Examiner review of a public project, construction or authorization not shown on a Comprehensive Plan element shall be individually noticed in accord with ECDC 20.03.002. By way of illustration and not limitation, such procedures shall include posting, published notice and mailed notice to property owners within three hundred (300) feet of the project. (WSS755881.D0C;1\00006.900000\ ) - 2 - 1.2. Street Vacations and Dedication. The Comprehensive Plan shall be consulted prior to the establishment, improvement, abandonment or vacation of any street. No dedication of any street or other area for public use shall be accepted by the City Council until its location, character, extent and effect thereof shall be considered by the Hearing Examiner with respect to the Comprehensive Plan. The Hearing Examiner's report shall be provided to the City Council with respect to the abandonment, vacation or dedication of any street or other right of way in public use. Dedications within the short subdivision process which do not require City Council acceptance of the dedication are exempt from this requirement. In any development permit process which has been delegated to the Hearing Examiner under the provisions of the Edmonds Community Development Code and includes the dedication of a street or other area for public use, the Hearing Examiner shall consider whether the action is consistent with the Comprehensive Plan as a part of the Hearing Examiner's determination on the underlying permit. 1.2.1 Hearing Examiner review shall be substituted for the Planning Board review provided for in Chapter 20.65.010 during the life of this interim ordinance. The hearing procedures and notification for any other process shall be consistent with the requirements of ECDC Chapter 20.65 and as a Type V procedure. 1.2.2 Review of a dedication with a permit shall be processed in the same manner as the underlying development permit. 1.2.3 Street vacations shall be processed as provided in Chapter 20.70 ECDC, provided, however, that the Hearing Examiner shall hold a hearing prior to City Council consideration. Section 2. These interim zoning procedures are adopted pursuant to the authorization of Chapter 36.70A RCW. A public hearing shall be held on the adoption of these (WSS755881.DOC;1\00006.900000\ ) -3 - procedures within sixty (60) days of the date of their adoption. The City Clerk is authorized to provide notice of a public hearing in accordance with adopted Council policy and a hearing is hereby set for the 2nd day of March, 2010. 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. Section 4. The adoption of an interim zoning procedure shall expire on its own terms six months after its effective date unless extended by act of the City Council. ATTEST/AUTHENTICATED: CLERK,D•. S. CHASE i APPROVED: MAYQfR GA HA KENSON FILED WITH THE CITY CLERK: 01-15-2010 PASSED BY THE CITY COUNCIL: 01-19-2010 PUBLISHED: 01-24-2010 EFFECTIVE DATE: 01-29-2010 ORDINANCE NO. 3780 {WSS755881.DOC; 1\00006.900000\ } - 4 - SUMMARY OF ORDINANCE NO. 3780 of the City of Edmonds, Washington On the 19th day of January, 2010, the City Council of the City of Edmonds, passed Ordinance No. 3780. A summary of the content of said ordinance, consisting of the title, provides as follows: AN INTERIM ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING CERTAIN PROCEDURES WITH RESPECT TO THE ABANDONMENT, CONSTRUCTION AND AUTHORIZATION OF PUBLIC PROJECTS AND STREET VACATIONS AND DEDICATIONS, SETTING A PUBLIC HEARING, FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE AND PROVIDING FOR EXPIRATION. The full text of this Ordinance will be mailed upon request. DATED this 20th day of January, 2010. Z'-� W. Z�W-' CITY CLERK, SANDRA S. CHASE {WSS755881.DOC;1\00006.900000\)- 5 -