Ordinance 2360MAE:jt
3 /22 /83
ORDINANCE NO. 2360
AN ORDINANCE OF THE CITY OF EDMONDS, WASH-
INGTON, AMENDING COMMUNITY DEVELOPMENT CODE
SECTION 20.35.080(A) EXTENDING TIME
REQUIREMENTS FOR FILING A FINAL PLANNED
RESIDENTIAL DEVELOPMENT PLAN; AND AMENDING
SECTION 20.35.120 PROVIDING EXTENSIONS OF TIME
TO COMPLETE PLANNED RESIDENTIAL DEVELOPMENTS
AFTER FINAL APPROVAL.
WHEREAS, the City Council finds that it is appropriate
to amend Chapter 20.35 of the Community Development Code to
lengthen the time period within which an applicant must submit
a final development plan following preliminary approval by the
City Council of a Planned Residential Development because
current time periods are often not feasible given the require-
ments for preparing an application for final approval, and
WHEREAS, the City Council finds that it is likewise
appropriate to streamline and clarify the procedure for obtain-
ing extensions of the two-year period for completion of a
Planned Residential Development following final City Council
approval, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
spetion 1. Section 20.35.080(A) of the Community
Development Code is hereby amended to read as follows:
A. Final Plan. Within three years after preliminary approval
by the City Council, the applicant shall submit the final
development plan to the Community Development Director,
conforming to the preliminary plan approved by the City
Council, and all applicable conditions of that approval.
The Community Development Director shall review the plan
and submit it to the Council along with his other
recommendation and the recommendation of the Public Works
Director. The plan shall contain final, precise drawings
of all the information required by Section 20.35.030. The
applicant shall also submit all covenants, homeowner's
association papers, maintenance agreements, and other
relevant legal documents.
Section 2. Section 20.35.120(B) of the Community
Development Code is hereby amended to read as follows:
B. Abandonment or Non -completion. If a Planned Residential
Development project is abandoned, or is not completed
within two years of the effective date of the approving
ordinance, or within any extension beyond two years, as
provided herein, the approval of the project shall automa-
tically expire and no building permits shall thereafter be
issued, renewed or extended. Upon expiration, the
undeveloped land may only be developed after a new Planned
Residential Development application for such land has been
approved pursuant to the procedures and requirements of
this Chapter. If no part of the project has been
completed, the City Council shall, by ordinance, remove the
Planned Residential Development designation from the
Official Zoning Map, and revoke the original approval, by
ordinance.
Section 3. A new subsection (C) is hereby added to
Section 201.35.120 of the Community Development Code to read as
follows:
C. Extension of Approval
1. First extension: The Community Development Director,
pursuant to the procedures of Section 20.95.050 (staff
decision - optional hearing), may grant a one year
extension for completion of an approved project, upon a
finding that the applicant has made a diligent, good
faith effort to complete the project within two years
of the approval.
2. Subsequent Extensions: The Hearing Examiner, pursuant
to Section 20.100.010(B) of this code, may grant one
further extension, not to exceed two years after an
extension granted by the Community Development
Director, provided the following findings are made:
a. the project has not been completed due to causes
beyond the applicant's control,
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b. The applicant has shown a diligent good faith
effort to complete the project within the time
previously allotted, and
C. The project can be built under the Community
Development Code in effect at the time of the
extension request without significant changes in
the design originally approved.
Section 4. If any section, sentence, clause or phrase
of this ordinance should be held to be invalid or unconstitu-
tional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitu-
tionality of any other section, sentence, clause or phrase of
this ordinance.
section 5. This ordinance shall be in full force and
effect five (5) days after passage and publication by posting
as provided by law.
APPROVED:
MAYOR, H. H. HARRISON
ATTEST/AUTHENTICATED:
CITY CLERK, IREN VARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WIT4 THE CITY CLERK: March 22, 1983
PASSED BY THE CITY COUNCIL: March 29, 1983
POSTED: March 30, 1983
EFFECTIVE DATE: April 4, 1983
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AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
IRENE VARNEY MORAN
, being first duly sworn
on oath deposes and says that s he is over the age of eighteen (18)
years and is competent to testify as to the matter stated herein.
There is no official newspaper or other newspaper printed and
published within the City. In accordance with RCW 35A.12.160, on
the 30 day of March , 1983, affiant posted true and
correct copies of the attached Ordinance No. 2360, passed by the
City Council on the 29 day of
March
, 1983, at the
official posting places for City notices which are the public
bulletin boards at the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center, 250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Branch of United States Post Office
201 Main Street
Edmonds, Washington 98020
DATED this 30 day of March , 19 83.
SUBSCRIBED AND SWORN to before me this 2d day of
19 yJ.
of ry Public in and for the
State of Washington, residing
at