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Ordinance 3982ORDINANCE NO.3982 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING PORTIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE TO MODIFY THE DEFINTION OF "LOT" (ECDC 21.55.010), DEFINING "LOT OF RECORD" (ECDC 21.55,015) AND ESTABLISHING A PROCESS FOR DETERMINING "INNOCENT PURCHASER" (ECDC 20.75.180 AND 20.01.003). WHEREAS, the Edmonds Community Development Code has provisions against issuing development permits for lots created outside of the subdivision process; and WHEREAS, the Edmonds Community Development Code contains no definition of a "lot of record"; and WHEREAS, an "innocent purchaser" may be allowed to develop a lot pursuant to RCW 58,17.210 and ECDC 20.75.180, and WHEREAS, the Edmonds Community Development Code contains no process or criteria for establishing an innocent purchaser, and WHEREAS, the Edmonds Planning Board forwarded a recommendation to the City Council with proposed amendments for definitions of lot, lot of record, and an innocent purchaser process and criteria after a public hearing held on July 23, 2014, and WHEREAS, after considering the Planning Board's recommendation at a public hearing held on September 16, 2014 the City Council finds the proposed amendment in the public interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment to Section 21.55.010 Lot. Section 21.55.010 of the Edmonds Community Development Code, definition of "Lot," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike through): Page 1 of 8 21.55.010 Lot. Lot means a single tr -, of land legally __eate a as - .ern ate building site with f Vn4U��RLo on a street of: aeeess easement. a fractional part of divided lands having Fixed boundaries bein of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. For purposes of this code, adjoining lots under common ownership, which were created without subdivision or short subdivision approval from applicable city or county governments, shall be considered as one lot and subject to the regulations contained herein. The terms of this section shall apply regardless of whether the individual adjoining lots meet current zoning requirements. (See also, Corner Lot, Flag Lot, Interior Lot, and Irregular Lot.) Section 2. Amendment to Chapter 21.55 ECDC "L" Terms. A new Section 20.55.015 of the Edmonds Community Development Code, untitled "Lot of record," is hereby added to read as follows (new text is shown in underline): 21.55.015 Lot of record. "Lot of record" means a single tract of land meeting any one of the criteria listed below. A. Platted lots: 1. Any lot whose boundaries were establish in a recorded plat or short plat. 2. Any lot whose boundaries were establish in an unrecorded short plat approved by the City of Edmonds between July 3, 1956 and march 19, 1974 (not all short plats were required to be recorded). 3. Anv combination of two or more lots shoring a side lot line_as depicted in the following recorded plats: a. City of Edmonds b. Brackett's First Addition c. Gephart's First Addition d. Kellogg's Plat of Edmonds e. Albert B. Lord's Grandview Addition 4. Any lot established by Snohomish_ County prior to the property's being annexed into the City of Edmonds and: Page 2 of 8 a. whose boundaries were established by transfer of ownership before September 12, 1972, and the lot met all zonina and subdivision requirements in effect at the time of its creation. b. whose boundaries were established between August 19, 1969 and September 12. 1972 by county approved short plat but not recorded with the County Auditor's Office. c. whose boundaries were established on or after September 12. 1972 by county approved and recorded short plat. d. whose boundaries were established by county approved and recorded formal plat. B. Un latted lots: 1. Lots created by deed prior to July 3, 1956 2. Lots created through court order, will and testament or other process listed as exempt from platting requirements by RCW 58.17.035, 58.17.040 or through an exemption from platting regulations provided by law at the time of creation of the parcel. 3. Lots that have been recognized through a previous lot determination review as legal lots. Section 3. Amendment to Section 20.75.180 Violation - Permits. Section 20.75.180 of the Edmonds Community Development Code, entitled "Violation - Permits," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike t retirt"): 20.75.180 Violation Permits Development of Lots Not Divided According to this Chapter. No building permit, septic tank permit or other development permit, shall be issued for _WMMIF PRIM unless: 1) the subject property is a lot of record as defined in 21.55.015: or 2) the property owner is determined to be an innocent purchaser in accordance with 20.75.180.A. Where this section Page 3 of 8 authorizes a lot to be developed even though such lot does not meet the definition for "lot of record" in 21.55.015, any development on said lot shall comply with the City's development regulations, including, any a licable development regulations regarding non -conforming lots. A "Lot of record" status for innocent purchasers. An owner of property may obtain "lot of record" status foraparr-el that does not meet the "lot of record" definition. To obtain this status the applicant must submit an affidavit with sufficient supporting documentation to demonstrate that: 1. The applicant did not have actual notice regarding the subdivision of the property in question. If the applicant had knowledge of the subdivision (e.g. knowledge that two parcels in question -were once Dart of the same arcel), but not of its illegality. the innocent purchase status may not be granted, 2 The purchase price of the parcel is consistent with an arm's length transaction; 3. The owner did not purchase the property from a relative, 4. At the time of 12urchase, there was some existing deed record or survey showin the subject parcel as a separate lot: and 5. The --parcel had a separate tax ID parcel number prior to the purchase of the property b t�pplicant. B. The innocent purchaser status may be approved subject to conditions of approval requiring the �he applicant to make improvements to the property that would likely have been required by the city had the property been properly subdivided, unless it is determined that such improvements have already been constructed. C An affirmative determination of innocent purchaser and "lot of record" status shall be recorded with the county auditor. Section 4. Amendment to Section 20.01.003 Permit type and decision framework. Section 20.0 t .003 of the Edmonds Community Development Code, entitled "Permit type and decision framework," is hereby amended to read as follows (new text is shown in underline): Page 4of8 20.01.003 Permit type and decision framework. A. Permit Types. TYPE I TYPE II TYPE III -A TYPE III-B TYPE fV-A TYPE IV-B TYPE V Zoning compliance Accessory Outdoor dining Essential public Final formal plats Site specific Development letter dwelling unit facilities rezone agreements Lot line adjustment Formal Technological Design review Final planned Zoning text interpretation of impracticality (where public residential amendment; area - the text of the waiver for amateur hearing by development wide zoning map ECDC by the radio antennas architectural amendments director design board is required) Critical area SEPA Shoreline Comprehensive determinations determinations substantial plan amendments development, shoreline conditional use, shoreline variance Shoreline Preliminary short Conditional use Annexations Exemptions plat permits (where public hearing by hearing examiner is required) Minor amendments Land Variances Development to planned clearing/grading regulations residential development Minor preliminary Revisions to Home occupation plat amendment shoreline permit (where management public hearing by permits hearing examiner is required) Staff design Administrative Preliminary formal review, including variances plat signs Final short plat Land use permit Preliminary extension requests planned residential development Sales office/model Guest house (ECDC 17.70.005) Innocent Purchaser Determination Page 5 of 8 B. Decision Table. PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE I — IV) LEGISLATIVE TYPE I TYPE II TYPE III -A TYPE III-B TYPE IV -A TYPE IV-B TYPE V Recommendation N/A N/A N/A N/A N/A Planning board Planning board by: Final decision by7 Director Director Hearing Hearing City council City council City council examiner examiner/ADB Notice of No Yes Yes Yes Yes Yes No application: Open record No Only if Yes, before Yes, before No Yes, before Yes, before public hearing or appealed, open hearing hearing planning board planning board open record record hearing examiner to examiner or which makes which makes appeal of a final before hearing render final board to render recommendation recommendation decision: examiner decision final decision to council to council or council could hold its own hearing Closed record No No No Yes, before the No Yes, before the review: council council Judicial appeal: Yes Yes Yes Yes Yes Yes Yes Section 5. 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 6. 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. APP VED: MAYOR DAVID O. EARLING l ATTEST/AUTHENTICATED -",V Cltri,FIERK, SC TT SSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Page 6 of 8 BY JEFFREY B. TARADAY, CITY ATTORNEY FILED WITH THE CITY CLERK: November 14, 2014 PASSED BY THE CITY COUNCIL: November 18, 2014 PUBLISHED: November 23, 2014 EFFECTIVE DATE: November 28, 2014 ORDINANCE NO. 3982 Page 7 of 8 SUMMARY OF ORDINANCE NO.3982 of the City of Edmonds, Washington On the 181h day of November, 2014, the City Council of the City of Edmonds, passed Ordinance No. 3982. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING PORTIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE TO MODIFY THE DEFINTION OF "LOT" (ECDC 21,55.010), DEFINING "LOT OF RECORD" (ECDC 21.55.015) AND ESTABLISHING A PROCESS FOR DETERMINING "INNOCENT PURCHASER" (ECDC 20.75.180 AND 20.01.003). The full text of this Ordinance will be mailed upon request. DATED this 191h day of November, 2014. CI CLERK, SCQ TT PAS8tY Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter refen•ed to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH601603 ORDINANCE SUMMARY as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 11/23/2014 and ending on 11/23/2014 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $70.52. Subscribed and sworn before me pn this day of Ff Notary Public in and for the State of Washington. City of Edmonds - LEGAL ADS 114101416 SCOTT PASSEY DEBRA ANN GRIGG Notary Public State of Washington MY Commission Expires October 31, 2017 SUMMARY OF ORDINANCEdmonds.S ion On the 161h day off November, 2014, the CitynCounrllof She Cll of Edmonds, passed the following Ordinances. A summary of the content of said ordinancas, consisting of tlites, are provided as follows: ORDINANCE NO.3962 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING PORTIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE TO MODIFY THE DEFINTION OF "LOT' (ECDC 21.55.010), DEFINING "LOT OF RECORD" (ECDC 21.55.015) AND ESTABLISHING A PROCESS FOR DETERMINING "INNOCENT PURCHASER" (ECDC 20.75.180 AND 20.01.003�. ORDINANC N0.3963 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE ANNUAL TAX LEVY BY INCREASING THE REGULAR PROPERTY TAX LEVY BY THE CURRENT 101 % LEVY LIMIT, THEREBY LEVYING AN ESTIMATED REGULAR PROPERTY TAX LEVY OF $9.999,850, AN EMS LEVY OF $3,395,376 AND LEVYING $925,309 FOR VOTED INDEBTEDNESS FOR THE PUBLIC SAFETY COMPLEX, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. ORDINANCE NO.3984 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE CITY OF EDMONDS COMPREHENSIVE PLAN; ADOPTING THE 2014 PARKS RECREATION AND OPEN SPACE PLAN AND THE 2014 COMMUNITY CULTURAL PLAN AS ELEMENTS OF THE CITY OF EDMONDS COMPREHENSIVE PLAN TO REPLACE THE EARLIER VERSIONS OF THOSE ELEMENTS; AMENDING SUBSECTION C OF THE COMMERCIAL LAND USE CHAPTER OF THE LAND USE ELEMENT TO INCORPORATE NEW LANGUAGE FOR THE WESTGATE NEIGHBORHOOD; AND FIXING ATIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 191h day of November, 2014. CITY CLERK, SCOTT PASSEY ubllshed: November 23, 2014. EDH601603I `�5