Ordinance 30280006.150.104
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04/20/95
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ORDINANCE NO. 3028
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, EXTENDING THE SUNSET DATE FOR THE
CITY'S INTERIM CRITICAL AREAS ORDINANCE FROM
JUNE 13, 1995 TO DECEMBER 13, 1995 AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City of Edmonds enacted Chapter 20.15B of the Edmonds
Community Development Code Interim Critical Areas as a part of its program of compliance
with the Washington Growth Management Act, RCW Chapter 36.70A, and
WHEREAS, on December 13, 1994, in response to concerns that the Interim
Critical Areas Ordinance may not have been property adopted, an interim ordinance, Edmonds
Ordinance No. 2998, was adopted pursuant to RCW 35A.63.220 and also went into effect on
December 13, 1994 as an emergency ordinance, and
WHEREAS, the City Council has held a public hearing and made findings as
required by RCW 35A.63.220 in order to extend the expiration date of Edmonds Ordinance No.
2998 as amended by Edmonds Ordinance No. 3014 an additional six months in order to allow
the Edmonds Planning Board further time to make a recommendation for a final critical areas
ordinance to the City Council, and
, WHEREAS, the City Council finds that Initiative 164 as adopted by the
Washington State Legislature can result in tremendous financial losses to the City via the
application of its Interim Critical Areas Ordinance and that a mechanism to weigh property
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regulations to the extent that they result in compensation requirements under Initiative 164 is
necessary to the financial well -being of the City, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Under the terms of RCW 35A.63.220 Edmonds Ordinance No. 2998
as amended by Edmonds Ordinance No. 3014 is to expire on June 13, 1995. Said expiration
date is hereby extended to December 13, 1995 pursuant to RCW 35A.63.220 and the Edmonds
Planning Board is directed to make a recommendation for a final Critical Areas Ordinance to
the City of Edmonds City Council by September 1, 1995.
Section 2. A new Section 20.15B.040(D) Compensable Takin sg Exception
is added to the Edmonds Community Development Code to provide as follows:
1. If, subsequent to the effective date of Initiative 164 if it
becomes law, whether as passed by the legislature or
approved by the voters through a referendum, the
application of this Chapter to a specific parcel of property
will constitute a takings for public use under Initiative 164,
this Chapter may be modified or waived to eliminate or
reduce compensation required to the applicant, provided
that:
a. The applicant applies to the Edmonds Hearings
Examiner for a determination as to whether
compensation is required; and
b. Said application is filed with the City of Edmonds
Planning Division within 30 days of the imposition
or amendment of this Chapter that allegedly
constitutes a taking or in conjunction with the
submittal of a fully completed application of a
development permit, including a building permit,
and said application is accompanied by a $500.00
application fee; and
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C. Said applicant shall provide the City with the factual
basis for the applicant's claim of a taking and shall
have the burden of proving its claim before the
Hearing Examiner through substantial and
competent evidence.
2. A public hearing shall be scheduled before the Hearings
Examiner within forty-five days of the date an application
is filed. If the Hearings Examiner determines that a taking
is required the Hearings Examiner may waive or modify
the terms of this Chapter and any other City building or
land use regulation necessary to the extent of avoiding
compensation. In modifying or waiving requirements the
Hearings Examiner shall attempt to preserve the public
purpose of the regulations that create a taking to the
maximum extent possible, with imposition of reasonable
substitute conditions if necessary to achieve this purpose,
so long as these conditions do not create a taking for public
use in themselves. If the imposition of reasonable
substitute conditions is not possible, the Hearing Examiner
shall consider waiving or modifying land use or building
regulations in the following order of priority:
a. Design review criteria and all other regulation
primarily related to aesthetics not mandated by state
law.
b. Zoning bulk and density regulations not mandated
by state law.
C. All land use and building code regulations that do
not fall into any of the regulatory categories
identified herein.
d. All land use and building code regulations not
mandated by state law primarily designed to protect
environmentally sensitive areas such as wetlands,
geological hazards and aquifers.
e. All land use and building code regulations not mandated by
state law and primarily involving public safety.
f. All land use and building code regulations mandated by
state law.
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3. Within each category of regulation, modification or waivers
shall be prioritized according to severity of adverse impacts
on public health, safety and general welfare, including
impacts on adjacent property owners.
4. Laws mandated by state law shall be those laws that the
City has adopted pursuant to the minimum standards of
state mandates and shall not include provisions that are
more restrictive than those mandated by state law.
5. Any decision of the Hearings Examiner regarding this
section shall be final unless appealed to the City Council
pursuant to Section 20.15B. 180(C). Upon its own motion
or upon recommendation from the Planning Division the
City Council may elect to pay compensation in whole or in
part in lieu of waiving property regulations as permitted in
this section, if this election is made within thirty days of
the decision of the Hearings Examiner.
Section 3. Emergency Effective Date. The City Council hereby declares that an
emergency exists necessitating that this ordinance take effect immediately upon passage by
unanimous vote of the members of the City Council.
APPROVED:
ATTEST /AUTHENTICATED:
CITY CL &K, SANDY CHASE
APPROVED AS TO FORM:
OFFICE F Cr ;W Y:
BY
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FILED WITH THE CITY CLERK: 06/01/95
PASSED BY THE CITY COUNCIL: 06/06/95
PUBLISHED: 06/11/95
EFFECTIVE DATE: 06/16/95
ORDINANCE NO. 3028
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SUMMARY OF ORDINANCE NO. 3028
of the City of Edmonds, Washington
On the 6th day of June , 199 5 , the City Council of the City of Edmonds,
passed Ordinance No. 3028 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING THE
SUNSET DATE FOR THE CITY'S INTERIM CRITICAL AREAS ORDINANCE FROM
JUNE 13, 1995 TO DECEMBER 13, 1995 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 , 199 5
ITY CLdkK, SANDY CHASE
STATE OF WASHINGTON,
COUNTY OF SNOHOIKISH,
SUMMARY OF
ORDINANCE NO. 3028
of the City of
Edmonds' Washington
On the 6th day of June,
1995, the. City Council of the
Cit of Edmonds, Passed
Ordinance No. 3028. A sum-
mary of the content of said
ardinance, consisting of the
AREAS ORDINANCE RI
FROM
JUNE 13, 1995 TO DECEM.
BER 13, 1995 AND FIXING A
TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this
Ordinance will be. mailed upon
rey oast. ..
'1995TED this 7th day of June,
SANDY CHASE
City Clerk
Published: June 11, 1995.
B -2 -1
Affidavit of Publication
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
Court of Snohomish County and that the notice ......... ...............................
Summary of Ordinance No. 3.0.2.8
............................. ..' ....................................................................... ...............................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
June 11, 1995
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.................................. ..................................................................................................
and that said n paper was regularly istributed to its subscribers
during all f period.
.............r................ ... ............. ...............................
Principal Clerk
Subscribed and sworn to before me this ...... 12th
day 0;1--. ...June .... ................... 19.95...
............
'( ....... otary Public in and for the S to Washington,
residing.at Everett, Snohomis Cou ty.
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