Ordinance 3925ORDINANCE NO.3925
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTION 20.75.100 OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE
RELATING TO THE TIME LIMIT FOR PRELIMINARY
SUBDIVISION APPROVAL AND ESTABLISHING SECTION
20.75.107 RELATING TO AN EXTENSION TO THE TIME
LIMIT FOR CERTAIN SHORT PLATS.
WHEREAS, in response to a citizen request, the Parks, Planning & Public Works
Council Committee tasked the Planning Board with considering an amendment to Section
20.75.100 of the Edmonds Community Development Code entitled "Preliminary approval —
Time limit" to increase the time frame in which preliminary short plat approval is valid; and
WHEREAS, after a discussion on February 27, 2013 and a public hearing held on March
27, 2013, the Planning Board forwarded a recommendation to the City Council regarding a
proposed amendment to the time frame in which preliminary formal and short subdivision
approval is valid, clarifying the decision -making bodies for preliminary subdivision approval and
appeals, and adding a time limit extension for certain short plats that would have expired prior to
the effective date of this ordinance; and
WHEREAS, the proposed amendments are consistent with RCW 58.17.140 "Time
limitation for approval or disapproval of plats — Extensions"; and
WHEREAS, state law is silent on the amount of time a short plat applicant may be
allowed to finalize and record a short plat; and
WHEREAS, the state legislature, in twice recently amending RCW 58.17.140, has
effectively given new life to previously expired preliminary (long) plats to allow developers
more time to record plats that have been difficult to complete due to the economic climate; and
WHEREAS, the City Council would like to do something similar for short plats, the
duration of which is not addressed by state law; and
WHEREAS, the City Council discussed the proposed code revisions on April 23, 2013
and held a public hearing on the topic on May 7, 2013; and
WHEREAS, after the public hearing, the City Council deliberated regarding the proposed
amendments and voted to direct the City Attorney to prepare an ordinance that adopts the
Planning Board's recommendations; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 20.75.100 of the Edmonds Community Development Code, entitled
"Preliminary approval — Time limit," is hereby repealed and replaced with the following text:
20.75.100 Preliminary approval — Time limit.
A. Approval of a preliminary plat shall expire and have no further validity at the end of the
time period established under RCW 58.17.140, unless the applicant has acquired final
plat approval prior to the expiration date established under RCW 58.17.140. The time
period for subdivisions shall commence upon the date of preliminary plat approval by the
issuance of a written decision by the Edmonds Hearing Examiner. In the event that the
decision of the hearing examiner is appealed to the Edmonds City Council and/or
Snohomish County Superior Court, the time period shall commence upon the date of final
confirmation of the preliminary plat decision by the City Council or judiciary.
B. Approval of a short plat shall expire and have no further validity at the end of seven
years if preliminary short plat approval is issued on or before December 31, 2013 and five
years if preliminary short plat approval is issued on or after January 1, 2014, unless the
applicant has acquired final short plat approval within the specified time period. The time
period for short plats shall commence upon the issuance of a final, written staff decision.
In the event that the decision of staff is appealed to the Edmonds Hearing Examiner
and/or Snohomish County Superior Court, the time period shall commence upon the date
of final confirmation of the preliminary short plat decision by the Hearing Examiner or
judiciary.
Section 2. A new Section 20.75.107, entitled "Preliminary approval — Time limit
extension for previously approved short plats," is hereby added to the Edmonds Community
Development Code to read as follows:
20.75.107 Preliminary approval — Time limit extension for previously approved
short plats.
Short plats that received preliminary approval on or after January 1, 2006 and would
have expired prior to the effective date of this ordinance shall have their preliminary
-2-
approvals automatically extended for a period of two years from the effective date of this
ordinance. Preliminary approval of such short plats shall expire and have no further
validity at the end of two years from the effective date of this ordinance, unless the
applicant has acquired final short plat approval within the specified time period. Notice of
the two-year extension from the effective date of this ordinance shall be provided to the
parties of record of such preliminary short plats.
Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 4. 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.
ATTEST/AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
VEDi:
FILED WITH THE CITY CLERK: 05-31-2013
PASSED BY THE CITY COUNCIL: 06-04-2013
PUBLISHED: 06-09-2013
EFFECTIVE DATE: 06-14-2013
ORDINANCE NO. 3925
MIE
SUMMARY OF ORDINANCE NO.3925
of the City of Edmonds, Washington
On the 4th day of June, 2013, the City Council of the City of Edmonds, passed
Ordinance No. 3925. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION
20.75.100 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO
THE TIME LIMIT FOR PRELIMINARY SUBDIVISION APPROVAL AND ESTABLISHING
SECTION 20.75.107 RELATING TO AN EXTENSION TO THE TIME LIMIT FOR
CERTAIN SHORT PLATS.
The full text of this Ordinance will be mailed upon request.
DATED this 5th day of June, 2013.
CITY CLERK, SANDRA S. CHASE
-4-
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH S.S.
on the 41h dey of Juice, 2013. the city Colueell al the 4f
Edmonds peased Onlinsnea No. 3825. A summery of Itla rortionl
of said ordfrran— nn..a�tr.,..,—....��..
COMMUNITY DEVELOPPMEQN N3' CODE R100 ELATING TO THE I
LIMIT FOR PRELIMINARY St RD;VISICN APPROVAL
ESTASUSHING SECTION 20.7b.1e7 RELATING TO
EXTENSION TO THE TIME LIMIT FOR CERTAIN SHI
f LATS.
The fuq IsA of 'his Ordhnance snit be malted upon raquesL
GATED thls 51h day of June, 2013-
Published: ,lung 3, 2013
CITY CLERIC, SANI)AA S. CHASE
.
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. 3925
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 09,2013
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this
day of June, 2013
Notary Public in and for the State of
County.
Account Name: City of Edmonds Account Number: 101416
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Order Number: 0001823336