Ordinance 32110006.90000
WSS /ldh/gjz
03/17/98
ORDINANCE NO. 3211
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING PROVISIONS OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE
RELATING TO LOT LINE ADJUSTMENTS TO -WIT:
SECTION 20.75.050 LOT LINE ADJUSTMENT —
APPLICATION; SECTION 20.75.065 PRELIMINARY REVIEW;
SECTION 20.75.075 MODIFICATIONS; SECTION 20.75.065(F)
APPEAL OF STAFF DECISION; SECTION 20.75.085 REVIEW
CRITERIA; SECTION 20.75. 100 PRELIMINARY APPROVAL
— TIME LIMIT; SECTION 20.75.150 WAVIER OF SURVEY;
SECTION 20.75.158 SHORT PLAT — STAFF REVIEW;
SECTION 20.105.010 APPEALABLE DECISIONS, AND
DELETING SECTION 20.75.060 LOT LINE ADJUSTMENT —
PLAT REQUIREMENTS, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, state statute dealing with subdivisions intends for the lot line
adjustment process to be a simple streamlined process which does not result in the creation of
a new buildable lot, and
WHEREAS, current provisions of the Edmonds Community Development Code
make the same procedural requirements of an applicant for lot line adjustment as are made for
short subdivisions having a far greater impact on the public, and
WHEREAS, the City Council deems it to be in the public interest to streamline
said process, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. Section 20.75.050 Lot Line Adjustment - Application shall be amended
to read as follows:
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.
1. One (1) 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
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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); and
(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;
and
(c) Locations of all existing ingress /egress and
utility easements; and
(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); and
(e) The existing zoning of the subject parcel(s);
and
(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; and
(b) A list of those individuals, corporations, or
other entities holding an ownership interest in the parcel(s); and
(c) Any easements or restrictions affecting the
property(ies) with a description, purpose and reference by auditor's
file number and /or recording number; and
(d) Any encumbrances on the property; and
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repealed.
follows:
(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 of his /her designee upon a showing by
the application of reasonable cause.
G. Review. A certified determination of the Planning Manager
or his designee shall be reviewable as staff decision under ECDC
20.105.010(A)(1).
Section 2. Section 20.75.060 Lot line adjustment — Plat requirements is hereby
Section 3. Section 20.75.060 is hereby repealed.
Section 4, Section 20.75.065(A) Preliminary review shall be amended to read as
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.
Section 5. Section 20.75.065(F) Appeal of Staff Decision shall be amended to
read as follows:
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follows:
F. Appeal of Staff Decision. Any person may appeal a
decision of the community development director on a short
subdivision under the procedure set forth in ECDC 20.105.030.
Section 6. Section 20.75.075 Modifications shall be amended to read as follows:
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.
Section 7. Section 20.75.085 Review criteria (C)(3) shall be amended to read as
20.75.085 Review criteria.
The following criteria shall be used to review proposed
subdivisions: _
C. Dedications.
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.
Section 8. Section 20.75. 100 Preliminary approval — Time limit shall be
amended to read as follows:
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follows:
as follows:
20.75.100 Preliminary approval — Time limit.
A preliminary approval of a subdivision will expire and have no
further validity at the end of three years, unless the applicant has
obtained approval of the final plat or has filed an application to
extend the time before the approval expires. The period runs from
the date of preliminary approval. A properly filed application for
an extension of time extends the time limit until the City has acted
on the application, but the subdivision may not be filed for record
during the period between the original expiration date and the date
the City acts on the extension request.
Section 9. Section 20.75.150 Waiver of survey shall be amended to read as
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 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 meet all other requirements
of this chapter and which contains legal descriptions of each
proposed lot.
Section 10. Section 20.75.158 Short plat — Staff review shall be amended to read
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
provided for in ECDC 20.105.010(A). Dedication of any interest
in property contained in an approval of the short subdivision shall
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follows:
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.
Section 11. Section 20.105.010 Appealable decision shall be amended to read as
20.105.010 Appealable decisions.
A. Staff Decisions. Any person may appeal a decision of
staff, on the following matters, to the hearing examiner in the
manner provided in this chapter.
1. Short subdivisions.
2. Lot line adjustments, except that, appeals are limited
to appeals by the applicant only of a denial of a requested lot line
adjustment application.
3. Home occupations.
4. Interpretations of the text of the ECDC.
5. SEPA (Chapter 43.21C RCW) decisions in
accordance with the provisions of Chapter 20.15A ECDC as the
same exists or is hereafter amended.
6. Permits or approvals required by ECDC Title 18
(Public Works Requirements).
7. Appeals of required dedications of right -of -way and
the reconnection charge established under the provisions of ECC
7.10.065.
8. Sign permits.
9. Critical areas staff decisions in accordance with the
provisions of ECDC Chapter 20.151 as the same exists or is
hereafter amended.
10. Such other matters as may be specifically referred
by the ECDC..
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Section 12. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this ordinance.
Section 13. 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 title.
APPROVED:
i i �y
MAYOR, BARBARA
ATTEST /AUTHENTICATED:
�� 'd. z�
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY )& 5 1—
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 03/18/98
PASSED BY THE CITY COUNCIL: 05/05/98
PUBLISHED: 05/10/98
EFFECTIVE DATE: 05/15/98
ORDINANCE NO. 3211
-8-
SUMMARY OF ORDINANCE NO. 3211
of the City of Edmonds, Washington
On the 5th day of May , 199 8 , the City Council of the City of Edmonds,
passed Ordinance No. 3211 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING
PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO
LOT LINE ADJUSTMENTS TO -WIT: SECTION 20.75.050 LOT LINE ADJUSTMENT —
APPLICATION; SECTION 20.75.065 PRELIMINARY REVIEW; SECTION 20.75.075
MODIFICATIONS; SECTION 20.75.065(F) APPEAL OF STAFF DECISION; SECTION
20.75.085 REVIEW CRITERIA; SECTION 20.75. 100 PRELIMINARY APPROVAL — TIME
LIMIT; SECTION 20.75.150 WAVIER OF SURVEY; SECTION 20.75.158 SHORT PLAT —
STAFF REVIEW; SECTION 20.105.010 APPEALABLE DECISIONS, AND DELETING
SECTION 20.75.060 LOT LINE ADJUSTMENT — PLAT REQUIREMENTS, AND FIXING
A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 6th day of May , 199 8
CLERK, SANDRA S. CHASE
Affidavit of Publication
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHONIISH,
RECEIVED
MAY 14 1998
EDMONDS CITY CLERK
UHDINANCE NO. 3211
of the City of
The undersigned, being first duly sworn on oath deposes and says
g g y p y
OEdmonds, thWday�nofo May,
1998, the City Council cf the
that she is Principal Clerk of THE HERALD, a daily newspaper
City of Edmonds, passed
Ordinance No. 3211. A Sam-
printed and published in the City of • Everett, County of Snohomish,
i Ordnance h cons itiq of athe
tale, provides as follows:
and State of. Washington; that said newspaper is a newspaper of
AN ORDINANCE OF THE
WASH-
CITY OF EDMON IN G
INGTON, AMENDIN
general circulation in said County and State; that said newspaper
PRO-
VISIONS OF THE EDMONDS
,COMMUNITY DEVELOPMENT
has been approved as a legal newspaper by order of the Superior
LINE ADJUSTMENTSTTO -WOT
SECTION 20.75.050 LOT
Court of Snohomish County and that the notice ......... ...............................
LINE ADJUSTMENT — AP-
PLICATION; SECTION
PRELIMINARY
t REVIEW-
REVIEW- SECTION 20.75.075
MODIFId1ATIONS; SECTION
Summary of Ordinance No. 3211 ....................
20.75.085 F APPEAL OF
STAFF
85��REIVIIEWS SECTION
RiA• SECTION 20.75.100
PRELIMINARY APPROVAL —
TIME LIMIT SECTION
i 20.75.150 WAVIER OF SUR.
................................................................................. ............................... ......................
VEY; SECTION 20.75.158
SHORT PLAT — STAFF RE-
VIEW; SECTION 20.105.010
APPEALABLE DECISIONS
AND DELETING SECTION
20.75.060 LOT LINE AD-
.................°-----..........----• -..............................
a printed copy of which is hereunto attached, was published in said
O PLAT RE-
lJUSTMENT
1 TTIME£ WHEN ATHE IXSAME
newspaper proper and not in supplement form, in the regular and
f SHALL BECOME EFFECTIVE.
The f le of this n
entire edition of said paper on the following days and times, namely:
rtance will be e mailed upon
1 request.
this 6th day of May,
1srATED
SANDRA S. CHASE
Cit CleWbiished: Myay 10, rk 1998.
P
May 10 1998 . . .
, .... ....................................................... ............................... ....................
-• ..................................................................................................... .....................I.........
and that said newspaper was regularly distributed to its subscribers
during all of said period.
G�.�.Z�-- ... ..... .. .........
Principal Clerk
Subscribed and sworn to- before me this ....... 12th
d M ........... ............. ------ )............ 19 ...
98
.. .... - --
Notary Public in d for the St a of W shington,
residing at Everett, Snohomis County
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