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Ordinance 31900006.900000 CDI /PAO 12/05/97 ORDINANCE NO. 3190 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 20.75. 100 PRELIMINARY APPROVAL -TIME LIMIT RELATING TO THE LENGTH OF TIME A PRELIMINARY PLAT APPROVAL WILL EXPIRE AND FIXING A TIME WHEN THE SAME SHALL BE EFFECTIVE AND REPEALING THE PROVISIONS OF SECTION 20.75.105 EXTENSION OF TIME RELATING TO THE LENGTH OF TIME A PRELIMINARY PLAT APPROVAL MAY BE EXTENDED AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, by Ordinance No. 2379 the City Council set a three year limit on the validity of a preliminary subdivision or lot line adjustment and permitted applications for a one year extension to the validity of a preliminary plat approval, and WHEREAS, the Washington State Legislature amended RCW 58.17.140 to allow a five year window of opportunity for submission of a final plat after preliminary plat approval, and WHEREAS, the City wants to amend Section 20.75. 100 to conform with RCW 58.17.140, and WHEREAS the City wants to repeal Section 20.75.105 to eliminate the extension period for preliminary plat approval; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Document -1- Section 1. Section 20.75. 100 Preliminary approval -Time limit is hereby amended to extend the validity of a preliminary subdivision or lot line adjustment to five years, to read as follows: 20.75.100 Preliminary Approval -Time Limit. Approval of a preliminary plat or preliminary short plat will expire and have no further validity at the end of five years, unless the applicant has acquired final plat or final short plat approval within the five year period. The five year period for subdivisions shall commence upon the date of preliminary plat approval by the adoption of a written decision by the Edmonds City Council. The five year period for short subdivisions shall commence upon the issuance of a final, written staff decision or the final decision on an appeal thereof, whichever is later. Section 2. Section 20.75.105 Extensions of Time is hereby repealed. Section 3. 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 5 days after passage and publication of an approved summary thereof consisting of the title. APPROVED: Fr MAYOR, ATTEST /AUTHENTICATED : .G_�_�_�_ /_.cam _'i. e CITY CLERK, SANDRA S. CHASE Document -2- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: �r BY FILED WITH THE CITY CLERK: 02/13/98 PASSED BY THE CITY COUNCIL: 02/17/98 PUBLISHED: 02/22/98 EFFECTIVE DATE: 02/27/98 ORDINANCE NO. 3190 Document -3- I SUMMARY OF ORDINANCE NO. 3190 of the City of Edmonds, Washington On the 17th day of February , 199 8 , the City Council of the City of Edmonds, passed Ordinance No. 3190 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 20.75.100 PRELIMINARY APPROVAL -TIME LIMIT RELATING TO THE LENGTH OF TIME A PRELIMINARY PLAT APPROVAL WILL EXPIRE AND FIXING A TIME WHEN THE SAME SHALL BE EFFECTIVE AND REPEALING THE PROVISIONS OF SECTION 20.75.105 EXTENSION OF TIME RELATING TO THE LENGTH OF TIME A PRELIMINARY PLAT APPROVAL MAY BE EXTENDED AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 18th day of February , 1998 Iz. z4..C4'- CITY CLERK, SANDRA S. CHASE RCW 58.17.140 Time limitation for approval or disapproval of plats -- Extensions. Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from date of filing thereof unless the applicant consents to an extension of such time period or the ninety day limitation is extended to include up to twenty -one days as specified under RCW 58.17.095(3): PROVIDED, That if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency. Final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period. A final plat meeting all requirements of this chapter shall be submitted to the legislative body of the city, town, or county for approval within five years of the date of preliminary plat approval. Nothing contained in this section shall act to prevent any city, town, or county from adopting by ordinance procedures which would allow extensions of time that may or may not contain additional or altered conditions and requirements. [1995 c 68 § 1; 1986 c 233 § 2; 1983 c 121 § 3; 1981 c 293 § 7; 1974 ex.s. c 134 § 8; 1969 ex.s. c 271 § 14.] NOTES: Applicability -4986 c 233: See note following RCW 58.17.095. Severability -4981 c 293: See note following RCW 58.17.010. Page [ 1 ] Filed with City Clerk: /3 8 Adopted by Reference Ordinance # 3190 on Z / City Clerk RECEIVED February 22, 1998 ................................. . ............................................................................................... ..... ...................................................................................................................................... and that said newspaper was regularly distributed to its subscribers during all of said period. . ..........1?.eC- c.....h.�.�_. /� n- ............ ...... Principal Clerk Subscribed and sworn to before me this....... 23rd days Fe 1898 - -- ........b .. ..... ........ruary .................... . .. ................ . .................. .......... . ('", otary Pu is in an for the St a of ashington, residing at Everett, Snohomis %4flTA-R Y 400► PUIs 1 y 5_1 g -98 �OF W►so B -2 -1 Affidavit of Publication FEB 2 5 19`1 EDMONDS CITY CLERK STATE OF WASHINGTON, COUNTY OF SNOHOZ61ISH, ss 4 MMARY OF The undersigned, being first duly sworn on oath deposes and says ORDINANCE NO. 3190 of th d e City or9 l01 tFebru. that she is Principal Clerk of THE HERALD, a daily newspaper On the 17th day ary, 1998, the City Council of printed and published in the City of-Everett, County of Snohomish, the City of Edmonds, passed t Ordinance No. 3190. A sum. maty of the content of said and State of Washington; that said newspaper is a newspaper of .ordinance, consisting of the tltte, prov +des as follows: N ORDINANCE OF THE general circulation in said Count d State that said newspaper g y an ; CITY F EDMONDS, WASH. PRO °s ", A o 01 G THE has been approved as a legal newspaper by order of the Superior TIMEELIMIITARELAT. PROVAL 'ING TO Court of Snohomish County and that the notice ............................... THE LENGTH OF TIME A PRELIMINARY PLAT APPROVAL WILL EXPIRE AND FIXING A TIME WHEN THE SAME SHALL BE Summary of Ordinance No. 3190 EF- THETPROVISIONS REPEALING ASEC ... .................... TION 20.75.105 EXTENSION OF LENGTH OFL TIME AOPRE fLIMINARYPLAT APPROVAL ........................................... ............................... IMAY BE EXTENDED AND FIXING A TIME WHEN THE 'SAME SHALL BECOME EFFECTIVE. Thefull text of this Ordi- -°° ............. ...................................._.........--•------............ .............--................ - ••-- ___._•• - - - -, nance will be mailed upon re nest. a printed copy of which is hereunto attached, was published in said DATED this 18111 day of FebrSuaa76R19998 CHASE newspaper proper and not in supplem ent form, in the regular and CitllyJJCRA Pumiehea: February 22, 199e. entire edition of said paper on the following days and times, namely: February 22, 1998 ................................. . ............................................................................................... ..... ...................................................................................................................................... and that said newspaper was regularly distributed to its subscribers during all of said period. . ..........1?.eC- c.....h.�.�_. /� n- ............ ...... Principal Clerk Subscribed and sworn to before me this....... 23rd days Fe 1898 - -- ........b .. ..... ........ruary .................... . .. ................ . .................. .......... . ('", otary Pu is in an for the St a of ashington, residing at Everett, Snohomis %4flTA-R Y 400► PUIs 1 y 5_1 g -98 �OF W►so B -2 -1