Loading...
Ordinance 1881ORDINANCE NO. 1881 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADDING A NEW SUBSECTION 12.15.030 D TO THE EDMONDS CITY CODE PERMITTING CERTAIN MUNICIPAL IMPROVEMENTS TO EXCEED THE REQUIREMENTS OF THE ZONING CODE; ESTABLISHING A HEARING PROCEDURE; AND ESTABLISHING STANDARDS AS TO WHEN MUNICIPAL IMPROVEMENTS MAY BE PERMITTED TO EXCEED THE RESTRICTIONS OF THE ZONING CODE. WHEREAS, it is often necessary for a municipality in the course of performing its function of providing necessary services to the citizens to construct municipal improvements such as water tanks, sewage treatment plants, water distribution systems and other improvements, and WHEREAS, in order to provide an adequate level of service it may be necessary to construct a municipal improvement of such a size or in such a location or in such a manner as to conflict with provisions of the Zoning Code, and WHEREAS, the City Council finds that the public health, safety and welfare requires that such improvements be permitted to exceed the restrictions of the Zoning Code in order to ade- quately provide the necessary services and facilities to the City and its citizens, and WHEREAS, based upon the environmental review conducted by members of the City staff and the presentation made to the City Council it finds that the amendment contained hereinafter will not cause any significant adverse environmental impact, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: -1- A new Section 12.15.030 D is hereby added to the Edmonds City Code to read as follows: "12.15.030 D. Criteria for permitting municipal improve- ments to exceed Zoninq Code limitations 1. Unless otherwise expressly provided by the Zoning Code the City Council may permit municipal improve- ments to be constructed on any property now held or hereafter acquired by the City, and such improve- ments may be permitted by the City Council to exceed the restrictions, requirements and provisions of the Zoning Code and those contained in Section 11.02.035 of the Edmonds City Code. 2. Provided, however, before any municipal improvement may be permitted to exceed the restrictions referred to in subsection 1 above, the City Council shall hold a public hearing after giving notice of the same as provided in Section 12.16.150 of the Edmonds City Code. At the conclusion of such hearing the City Council may permit a municipal improvement to exceed all or any part of the restrictions, requirements and provisions referred to in subsection 1 above if it finds the following: ATTEST: a. That the proposed improvement is necessary for the public health, safety and general welfare; b. That the proposed improvement is necessary in order to provide adequate services or facilities now or in the future for the residents of the City; C. That the measure, quantity or amount by which the proposed improvement will exceed restrictions referred to in subsection 1 above, is the minimum excess needed in order to provide the necessary services or facilities; d. That reasonable efforts have been made to minimize or mitigate the effect of the municipal improve- ment when it is permitted to exceed the restrictions referred to in subsection 1 above. APPROVED: WO ME no Mi I I o - 4 i M, _�':: o M. . �• JAn'_� CITY CLERK, IRE1 VARNEY �1110&N FILED WITH THE CITY CLERK: September 16, 1976 PASSED BY THE CITY COUNCIL: October 26, 1976 PUBLISHED: November 3, 1976 AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON IS, COUNTY OF SNOHOMISH THOMAS J. COAD, being first duly sworn, on oath deposes and says that he is the Publisher of the EDMONDS TRIBUNE -REVIEW, a weekly newspaper. That said newspaper is a legal newspaper and has been designated as such by Court Order No. 38282, and is now and has been for more than six months prior to the date of the publications herein - ORDINANCE NO,1881 AN ORDINANCE OF THE CITY OF ED- MONDS, WASHINGTON. ADDING A NEW SUB- SECTION 12,15,030 D TO THE EDMONDS CITY CODE PERMITTING CERTAIN MUNICIPAL IMPROVEMENTS TO E X C E E D T H E REQUIREMENTS OF THE ZONING CODE; ESTABLISHING A H E A R I N G PROCEDURE; AND ESTABLISHING STANDARDS AS TO WHEN MUNICIPAL IMPROVEMENTS MAY BE PERMITTED TO E X C E E D T H E RESTRICTIONS. OF THE ZONING CODE. WHEREAS, it is often necessary for a muni- cipality in the course of performing its function of providing necessary services to the citizens to construct municipgl improvements such as waer tanks, sewage treatment plants, water distribution systems and other improvements, and WHEREAS, in order to provide an adequate level of service it may be necessary to construct a municipal improvement of such a size or in such a location or in such a manner as to conflict With provisions of the Zoning Code, and WHEREAS, the City Council finds that the public health, safety and welfare, requires that such provements be permit d to exceed the restrictions of the Zoning Code to order to adequately provide the necessary services and facilities to the City and its citizens, and w1iEttEAS, based upon the environmental review conducted by members of the City staff and the presentation made to the City Council it finds that the amendment contained hereinafter will not cause any significant adverse environmental impact, now, therefore, THE CITY COUNCIL OF THE CITY OF ED- MONDS, WASHINGTON, DO ORDAIN AS FOLLOWS; A new Section 12.15.030 D is hereby added to the Edmonds City Code to read as follows: "12.15,030 D. Criteria for permitting municipal improvements to exceed Zoning Code limitations I. Unless otherwise ex- Pressly provided by the Zoning Code the City Council may permit municipal improvements to be constructed im any property now held or hereafter acquired by the City, and such Improve- ments may he permitted by the City Council to exceed the restrictions, requirements and pro- visions of the Zoning Code and those Contained in Section 11.02.035 of the Edmonds City Code, 2. Provided, however, before any municipal improvement may be permitted to exceed the restrictions referred to in subsection I above, the hol City Council shall d a Public hearing after giving notice of the same AS provided in Section 12.16.160 of the Edmonds City Code. At the conclusion of such hearing the City Council may Permit a municipal improvement to exceed aB or any part of the restrictions, require- ments and provisions referred to in subsection 1 above if it finds the following: a. That the proposed improvement is necessary for the public health, safety and general welfare; b, That the proposed im- provement is necessary in order to provide Adequate services or facilities now or in the future for the residents of the Ci*; C. rhat the measure, quantiV or amount by which the proposed improvement will exceed restrictions referred to in subsection I above, is the minimum excess needed In order to provide the; necessary services or' facilities; d. That reasonable efforts• have been made to min- imize or mitigate the effect of the municipal improvement when it is Permitted to exceed the restrictions referred to in subsection 1 above. APPROVED: /s/H. H. Harrison MAYOR, H.H. HARRISON ATTEST: /s/Irene Varney Moran C I T Y C L E R K, 1RENE VARNEY MORAN FILED WITH THE CITY CLERK: September 16, 476 ASSEII BY THE CITY I, COUNCIL: October 26, 1976 (_PUBLISHED: November a,1976 - ma after referred to, published in the English language continually as a weekly newspaper in Snohomish County, Washington, and it is now and during all of said time was printed in an Office maintained at the aforesaid place of publication of said newspaper, and that it was of general circulation in said Snohomish County That the annexed is a true copy of a as it was published in regular issues (and not in supplement form) of said news- paper once each week for a period of OY19 qQ)t tpUttRe week/ commencing on the 3rd— day of November 19A and ending on the day of 1!? _ both dates inclusive, and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $ 1 _ 9El , which amount has been paid in full, at the rate of $ 2. DO a hundred words for the first insertion and $ a hundred words for each subsequent insertion. Subscribed end sworn to before =thiHday November is 76 Notary Public in and for the State of Washington, residing at Edmonds, Wash.