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Ordinance 31310006.900000 WSS /gjz 01/29/97 ORDINANCE NO. 3131 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, DECLARING AN EMERGENCY, ESTABLISHING AN INTERIM ZONING MORATORIUM ON CURB CUTS IN THE DOWNTOWN BUSINESS AREA, SETTING A HEARING DATE, PROVIDING AN EXPIRATION DATE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the control of access to City streets from commercial properties within the downtown business area impacts the public health, safety and welfare due to the interaction of vehicular traffic, pedestrians, bicycles and other forms of transportation, and WHEREAS, parking is at a premium in the downtown business area and due to the availability of alley access throughout the district, parking at the rear of commercial structures maximizes on- street parking, and WHEREAS, current City regulations regarding curb cuts and access to properties do not currently consider as a criteria the impact on downtown parking arising from the removal of existing on- street parking, and WHEREAS, during the comprehensive planning process, criteria for the Architectural Design Board was inadvertently deleted and readoption of certain criteria is appropriate, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: 153054 -1- Section 1. A moratorium is hereby declared on the issuance of permits for, or predicated upon, curb cuts and driveways onto City streets in the downtown business area as defined herein. No permits shall be issued nor applications accepted which utilize a curb cut pursuant to provisions of the Edmonds Community Development Code, Chapter 18.80 and more particularly Chapter 18.80.060 with respect to any property in the downtown business area as that term is defined in Section 17.50.070(B) of the Edmonds Community Development Code, provided, however, that this moratorium shall not prohibit applications from being considered which access to alleys, which do not require a new curb cut resulting in a loss of existing parking or which would not otherwise result in the loss of on- street parking. Section 2. The passage of this ordinance and moratorium are hereby declared to be an emergency based, upon the findings set forth above. The City Council finds that the acceptance of applications and the entrance of curb cuts which would reduce existing downtown parking remove a vital City resource without consideration of the public impact, public health, safety or welfare. Section 3. The passage of this ordinance is subject to the requirements of RCW 35A.63.220. It shall expire six months following its date of passage unless sooner repealed by act of the City Council. A public hearing on this moratorium shall be held at 7:00 p.m. on Tuesday, March 18, 1997, in the Edmonds City Council Chambers, or as soon thereafter as the public may be heard. Such hearing date is within 60 days of the date this ordinance was enacted. Section 4. 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, 153054 -2- such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. Effective Date. The City Council hereby declares that an emergency exists necessitating that this ordinance take effect immediately upon passage by unanimous vote of the members of the City Council. APPROVED: t� Z-1 MAYOR, BARBARA S. FAHEY ATTEST /AUTHENTICATED : CITY CLERK, SANDRA S. CHASE OFFICE OF THE CITY ATTORNEY: BY S�� FILED WITH THE CITY CLE 02/14/97 PASSED BY THE CITY COUNCIL: 02/18/97 PUBLISHED: 02/23/97 EFFECTIVE DATE: 02/18/97 ORDINANCE NO. 3131 153054 -3- SUMMARY OF ORDINANCE NO. 3131 of the City of Edmonds, Washington On the 18th day of February , 199 7 , the City Council of the City of Edmonds, passed Ordinance No. 3131 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, DECLARING AN EMERGENCY, ESTABLISHING AN INTERIM ZONING MORATORIUM ON CURB CUTS IN THE DOWNTOWN BUSINESS AREA, SETTING A HEARING DATE, PROVIDING AN EXPIRATION DATE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 19th day of February 199 7 CITY CLERK, SANDRA S. CHASE RCW 35A.63.220 Moratoria, interim zoning controls -- Public hearing -- Limitation on length. A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the legislative body received a recommendation on the matter from the planning agency. If the legislative body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall do so immediately after this public hearing. A moratorium or interim zoning ordinance adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium of interim zoning ordinance may be renewed for one or more six -month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. [1992 c 207 § 3.] Page [ 1 ] 2/28/97 RECEIVED Affidavit of Publication FEB 2 7 S97 EDMONDS CITY CLERK STATE OF WASHINGTON, COUNTY OF SNOHOMISH, ss F RY OF ORDINANCE NO3131 City of Edmonds, Washng18th day of February The undersigned, being first duly sworn on oath deposes and says City Cnciotey Edmonds, passed that she is Princi al Clerk of THE HERALD, a daily newspaper rnance No. , pa Aj P 6i'81'Rynree "' conss "I "sung' of "(lie' title, provides as follows: printed and published in the City of Everett, County of Snohomish, AN ORDINANCE OF THE. WASHINGTON, DECLAORINSGr' and State of Washington; that said newspaper is a newspaper of ESTABLISHING EM AN INTERIM!, general circulation in said County and State; that said newspaper (ZONING MORATORIUM ON1, IDOWNTOWNNTS BUSIN Ss has been approved as a legal newspaper by order of the Superior "AREA, SETTING A HEARING DATE. PROVIDING ,ANA Court of Snohomish County and that the notice .................. FY PIRaTInu nnr�- T e full - Summary of Ordinance No. 3131 The Lull text of thin - • ------ •- • - - - -- .......................... rdinance will be mailed upo' reUuest. DATED this 19th day o February, 1997. SANDRA S. CHASE - ---- - -• - -- City Clerk - ...................... ............................... Published: February 23. 1997. . ....................................................................................................... ............................... 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: ... February..2.3.z.,..19 9.7 ............................. ............................. .... ......... .................................................................................................................... a d tha said newspaper was re ul ly ' 'buted to its subscribers d i all of said period. Principal Clerk Subscribed and sworn to before me this ........24th .................... day February 1997... ............................... �....... ........... . ..... Notary Public in and for th Stat of Washington, residing at Everett, Snoho ' It C unty. /0e E j Qifl.��ss�onr f�_ l,� - NDTARH`" P�8 ��r 2 �'�� 5 -19.98 �© \F WASNA' 8 -2 -1