Ordinance 37990006.90000
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5/27/10
ORDINANCE NO. 3799
AN INTERIM ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING CERTAIN PROCEDURES WITH
RESPECT TO THE ABANDONMENT, CONSTRUCTION AND
AUTHORIZATION OF PUBLIC PROJECTS, STREET
VACATIONS AND DEDICATIONS, PROVIDING FOR FILING
WITH THE WASHINGTON STATE DEPARTMENT OF
COMMUNITY TRADE AND ECONOMIC DEVELOPMENT,
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE AND PROVIDING FOR EXPIRATION.
WHEREAS, the City of Edmonds Comprehensive Plan, Effect Of Plan, Sections
B and C establishes procedure for Hearing Examiner review and advisory recommendation to the
City Council, and
WHEREAS, such provisions have been in effect for many years and, while
superseded by the City's Comprehensive Facilities Plan and other procedures mandated by the
Growth Management Act, remain in full force and effect, and
WHEREAS, there are no implementing provisions within the City's Community
Development Code, and the Comprehensive Plain is not self executing, and
WHEREAS, the City is obligated to maintain consistency between its
Comprehensive Plan and Zoning Code in order to remain in compliance with the requirements of
the Growth Management Act, Chapter 36.70A RCW, and
WHEREAS, the Edmonds Planning Commission has scheduled a public hearing
regarding the interim ordinance but has not yet returned its recommendation, and
WHEREAS, a public hearing was held June 1, 2010 regarding extension of the
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existing interim ordinance, and
WHEREAS, the City Council deems it to be in the public interest to:
A. Adopt interim zoning procedures to ensure compliance with the provisions
of the City's Comprehensive Plan; and
B. Continue with review of the aforementioned provisions of the
Comprehensive Plan for review in the 2010 Comprehensive Plan amendment process, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
Section 1. The following interim zoning procedures are hereby established to be
administered in conjunction with the procedural requirements of Title 20 of the Edmonds
Community Development Code:
1.1 Public Projects No street, park or other public way, ground, place, space
or public building or structure, or utility (whether publicly or privately owned) shall be
abandoned, constructed or authorized until the Hearing Examiner has reviewed and reported to
the City Council the location, extent and consistency with the Comprehensive Plan. The Hearing
Examiner's report shall be advisory only.
1.1.1 A proposal to construct or authorize any of the public properties
detailed in Section 1.1 which are listed on the Capital Facilities Plan, Parks Plan, Capital
Improvements Plan or other Comprehensive Plan element may be heard either individually or as
a group. The hearing before the Hearing Examiner for the construction or authorization of any
project so listed in the Comprehensive Plan shall be listed on the Hearing Examiner's agenda,
and notice published on the City's web site and on City bulletin boards.
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1.2. Notice of the Hearing Examiner review of a public project, construction or
authorization not shown on a Comprehensive Plan element shall be individually noticed in
accord with ECDC 20.03.002. By way of illustration and not limitation, such procedures shall
include posting, published notice and mailed notice to property owners within three hundred
(300) feet of the project.
1.2. Street Vacations and Dedication. The Comprehensive Plan shall be
consulted prior to the establishment, improvement, abandonment or vacation of any street. No
dedication of any street or other area for public use shall be accepted by the City Council until its
location, character, extent and effect thereof shall be considered by the Hearing Examiner with
respect to the Comprehensive Plan. The Hearing Examiner's report shall be provided to the
City Council with respect to the abandonment, vacation or dedication of any street or other right
of way in public use. Dedications within the short subdivision process which do not require City
Council acceptance of the dedication are exempt from this requirement. In any development
permit process which has been delegated to the Hearing Examiner under the provisions of the
Edmonds Community Development Code and includes the dedication of a street or other area for
public use, the Hearing Examiner shall consider whether the action is consistent with the
Comprehensive Plan as a part of the Hearing Examiner's determination on the underlying permit.
1.2.1 Hearing Examiner review shall be substituted for the Planning
Board review provided for in Chapter 20.65.010 during the life of this interim ordinance. The
hearing procedures and notification for any other process shall be consistent with the
requirements of ECDC Chapter 20.65 and as a Type V procedure.
1.2.2 Review of a dedication with a permit shall be processed in the
same manner as the underlying development permit.
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1.2.3 Street vacations shall be processed as provided in Chapter 20.70
ECDC, provided, however, that the Hearing Examiner shall hold a hearing prior to City Council
consideration.
Section 2. These interim zoning procedures are adopted pursuant to the
authorization of Chapter 36.70A RCW. A public was held on the adoption of these procedures
on June 1, 2010.
Section 3. Notice of the adoption of this interim ordinance shall be provided to
the Washington State Department of Community, Trade and Economic Development.
Section 4. 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.
Section 5. The adoption of an interim zoning procedure shall expire on its own
terms six months after its effective date unless extended by act of the City Council.
APPROVED:
MAYOR G Y HAAKENSON
ATTEST /AUTHENTICATED:
TY CLERK SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF C Y ATT RNEY:
BY >!
W. SCOTT SNYDER
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FILED WITH THE CITY CLERK: 05 -28 -2010
PASSED BY THE CITY COUNCIL: 06 -15 -2010
PUBLISHED: 06 -20 -2010
EFFECTIVE DATE: 06 -25 -2010
ORDINANCE NO. 3799
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SUMMARY OF ORDINANCE NO. 3799
of the City of Edmonds, Washington
On the 15th day of June, 2010, the City Council of the City of Edmonds, passed
Ordinance No. 3799. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN INTERIM ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING
CERTAIN PROCEDURES WITH RESPECT TO THE ABANDONMENT, CONSTRUCTION
AND AUTHORIZATION OF PUBLIC PROJECTS, STREET VACATIONS AND
DEDICATIONS, PROVIDING FOR FILING WITH THE WASHINGTON STATE
DEPARTMENT OF COMMUNITY TRADE AND ECONOMIC DEVELOPMENT, AND
FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE AND PROVIDING
FOR EXPIRATION.
The full text of this Ordinance will be mailed upon request.
DATED this 16th day of June, 2010.
":J( �� /. &"'
CITY CLERK, SANDRA S. CHASE
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day of June, 2010
JUL 0 120119 Notary Public in and th S at Ever , Snohomish
County.
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Account Name: City of Edmonds Account Number: 10 �/j1�j� S`� , Ilk lamer Number. 0001700484
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
} 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.3799
of e City of monds, as ingtori
Omthe 15th day of June, 2010, the City Council of the City of
Edmonds, passed Ordinance No. 3799, A summary of the content
of said ordinance; consisting of the title, pprovides as follows:
AN- .INTERIM ORDINANCE OF THE CITY OF -- EDMONDS,
Summary of Ordinance
WASHINGTON, 'ADOPTING CERTAIN PROCEDURES WITH
RESPECT TO THE ABANDONMENT, CONSTRUCTION AND
No. 3799
AUTHORIZATION OF PUBLIC PROJECTS, ,STREET
VACATIONS AND DEDICATIONS, PROVIDING FOR FILING
WITH THE WASHINGTON STATE DEPARTMENT "OF
COMMUNITY TRADE AND ECONOMIC` DEVELOPMENT, AND
FIXING ATIME WHEN THE SAME SHALLBECOME EFFECTIVE
AND PROVIDING FOR EXPIRATION.
The full text of this Ordinance will be mailed upon request,
DATED this 16th day of June, 2010.
a printed co of which is hereunto attached, was published in said newspaper ro er and not in
P PY p proper
CITY CLERK, SANDRA S. CHASE
Published: June 20, 2010.
supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
June 20, 2010
and that said newspaper was regularly distributed to its subscribers during all of said period.
Principal Clerk
Subscribed and sworn to before me this 21st
day of June, 2010
JUL 0 120119 Notary Public in and th S at Ever , Snohomish
County.
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Account Name: City of Edmonds Account Number: 10 �/j1�j� S`� , Ilk lamer Number. 0001700484
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