Loading...
Ordinance 3787ORDINANCE NO. 3787 AN INTERIM ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING PROVISIONS OF TITLE 20 ECDC RELATING TO PLANNED RESIDENTIAL DEVELOPMENTS TO ALLOW CLOSED RECORD ADMINISTRATIVE APPEAL OF PRELIMINARY PRD DECISIONS AND TO ELIMINATE OVERLAP OF PERIMETER BUFFERS AND SETBACKS FOR EXTERIOR LOT LINES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, preliminary planned residential development (PRD) decisions are issued by the Hearing Examiner upon recommendation by the Architectural Design Board on site and building designs; and WHEREAS, the City Council wishes to afford the opportunity for closed record appeals on preliminary PRD decisions issued by the hearing examiner; and WHEREAS, the City Council wishes eliminate ambiguity on whether setbacks for exterior lot lines and perimeter buffers can overlap; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council hereby makes the findings as set forth in the "WHEREAS" clauses, which are adopted and incorporated herein by this reference in support of this interim Ordinance. Section 2. Amended. Subsection ECDC 20.01.003(A) of the Edmonds Community Development Code and previously adopted interim ordinance amending the same, are hereby amended to read as follows: A. Decisions. {BFP779770.DOC;1 \00006.150243\ } - 1 - TYPE I TYPE II TYPE III -A TYPE III -B TYPE IV -A IV- TYPE V Statement of Modification to Plat vacations Essential public Final formal Site Development zoning landscape plans and alterations facilities plats specific/ agreements restriction contract rezone Boundary line Formal Architectural Final planned Zoning text adjustments, lot interpretation of design board residential amendments; line the text of the review development area -wide zoning adjustment, lot ECDC by the map amendments combination director or designated staff Permitted uses Home Site plan /major Shoreline Comprehensive not requiring occupation amendments to substantial plan amendments site plan review permit site plans development, shoreline conditional use, shoreline variance Special use Accessory Conditional Annexations permits dwelling unit use Minor SEPA General Development amendments to determinations regulations planned variances and residential sign permit development variances Minor Revisions to Draft Master plan preliminary shoreline plat management environmental amendment permits impact statement Staff design Administrative Preliminary review variances formal plats Sign permits Preliminary Preliminary short plats planned residential development Final short Land clearing / grading plats {BFP779770.DOC;1 \00006.150243\ } - 2 - Section 3. Amended. Subsection 20.35.080(A)(4) of the Edmonds Community Development Code is hereby amended to read as follows: 4. The Public Hearing with the Hearing Examiner. The hearing examiner shall review the proposed PRD for compliance with this section as a Type III -B decision. If, after all appeals are exhausted, the proposal is denied, a similar plan for the site may not be submitted to the development services department for one year. A new plan which varies substantially from the denied proposal, as determined by the development services director, or one that satisfies the objections stated by the final decision - maker may be submitted at any time. An applicant who intends to subdivide the land for sale as part of the project shall obtain subdivision approval in accordance with Chapter 20.75 ECDC before any building permit or authorization to begin construction is issued, and before sale of any portion of the property. The preferred method is for the applicant to process the subdivision application concurrently with the planned residential development proposal. Section 4. Amended. Subsection 20.35.050(C)(2) of the Edmonds Community Development Code is hereby amended to read as follows: 2. Provide a landscape buffer, open space or passive use recreational area of a depth from the inner boundaries of exterior property line setbacks at least equal to the depth of the rear yard setback applicable to the zone. If such a buffer is provided, interior setbacks may be flexible and shall be determined pursuant to ECDC 20.35.030. When the exterior property line abuts a public way, a buffer at least equal to the depth of the front yard required for the underlying zone shall be provided. Section 5. Public Hearin>;. As required by RCW 35A.63.220, this interim Ordinance shall expire six months from the date of adoption, unless sooner repealed or subsequently extended by act of the City Council. In the meantime, as further required by {BFP779770.DOC;1 \00006.150243\ } - 3 - RCW 35A.63.220, the City Clerk is directed to schedule a public hearing on this ordinance within sixty (60) days of its adoption. The City Council may in its discretion adopt additional findings in support of this interim Ordinance at the conclusion of the public hearing. The Planning Board is required to make a recommendation on the final version of this ordinance to be adopted by the City Council prior to its expiration. Section 6. Ordinance to be Transmitted to Department. Pursuant to RCW 36.70A.106, this interim Ordinance shall be transmitted to the Washington Department of Community, Trade, and Economic Development as required by law. Section 7. 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 interim Ordinance. Section 8. 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. APPROV MA R G Y HAAKENSON ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF A EY: BY 0.4 W3 W. SCOTT SNYDER {BFP779770.DOC,1 \00006.150243\ } - 4 - FILED WITH THE CITY CLERK: 04 -02 -2010 PASSED BY THE CITY COUNCIL: 04 -06 -2010 PUBLISHED: 04 -11 -2010 EFFECTIVE DATE: 04 -16 -2010 ORDINANCE NO. 3787 {BFP779770.DOC;1 \00006.150243\ } - 5 - SUMMARY OF ORDINANCE NO. 3787 of the City of Edmonds, Washington On the 6th day of April, 2010, the City Council of the City of Edmonds, passed Ordinance No. 3787. A summary of the content of said ordinance, consisting of the title, provides as follows: AN INTERIM ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING PROVISIONS OF TITLE 20 ECDC RELATING TO PLANNED RESIDENTIAL DEVELOPMENTS TO ALLOW CLOSED RECORD ADMINISTRATIVE APPEAL OF PRELIMINARY PRD DECISIONS AND TO ELIMINATE OVERLAP OF PERIMETER BUFFERS AND SETBACKS FOR EXTERIOR LOT LINES, 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 April, 2010. CITY CLERK, SANDRA S. CHASE {BFP779770.DOC;1 \00006.150243\ } - 6 - STATE OF WASHINGTON, COUNTY OF SNOHOMISH oF. ° (c. I890 Affidavit of Publication } S.S. 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 Courtof Snohomish County and that the notice SUMMARY OF ORDINANCE NO. 3787 Of the ity of Edmonds, Washington On the 6th day of April, 2010, the City Council of the City of Edmonds, passed Ordinance No. 3787. A summary of the content Summate of Ordinance No. 3787 of said ordinance, consistingUf the title, provides as-follows: OF THE CITY RAM OOF OT WASHINGTON, NDING PROVISIONS TOLE D20' .ECDC RELATINO:TO PLANNED RESIDENTIAL DEVELOP - Interim Ordinance MENTS TO ALLOW "CLOSED'. RECORD ADMINISTRATIVE APPEAL OF PRELIMINARY PRD DECISIONS AND TO ELIM- INATE;OVERLAP OF PERIMETER SUFFERS AND SET - BACKS FOR EXTERIOR LOT LINES, 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 April, 2010... a printed copy of which is hereunto attached, was published in said newspaper proper and not in Published: April 11 2010 CITY CLERK, SANDRA S, CHASE supplement form, in the regular and entire edition of said paper on the following days and — ' times, namely: April 11, 2010 5?'a;- APP 8 2010 is y i .tr L tl'I Account Name: City of Edmonds and that said newspaper was regularly distributed to its subscribers during all of said period. o6d44 C Q�d U6r Principal Clerk Subscribed and swom to before me this 12th day of April, 2010 at Eve Notary Public in and a ate of 4Yas to A Pr County.,' _ � 1r ., o •� � 6 Account Number: 101416 ; tl l t t1 'ryi 0,r Snohomish 0001691693