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Ordinance 32320006.90000 WSS /gjz 10/16/98 R:11 /5 /98gjz ORDINANCE NO. 3232 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECDC 16.50.020(A) TO EXEMPT SUBSURFACE BUILDINGS AND STRUCTURES, PROPERLY LANDSCAPED FROM SETBACK REQUIREMENTS, PROVIDING FOR A PUBLIC HEARING AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the provisions of RCW 35.63.200 permit enactment of interim zoning ordinances when necessary to accomplish valid governmental purposes if certain procedural requirements are complied with, and WHEREAS, the provisions of 16.50.020 relating to site development standards in the BC zone when read in conjunction with the definition of setback contained at ECDC 21.90.020 establish no side or rear -yard setback for commercial buildings in the BC zone unless a site adjoins a residentially zoned neighborhood, and WHEREAS, such provisions read as a whole prohibit buildings or structures, regardless of whether said buildings are located above or below ground from being placed in the setback, and WHEREAS, there is a critical lack of land available in the central business area, an area predominantly zoned BC, for above - ground parking to support redevelopment, and WHEREAS, an applicant has inquired regarding its ability to construct a parking garage below the surface of the ground while complying with all above - ground setback 213398.10 -1- requirements including landscaping, and WHEREAS, underground parking structures and other accessory structures, such as utility vaults, would, if located below ground provide a much needed resource to the business community while presenting little or no impact following development on adjacent residential development so long as above - ground landscaping is provided in accordance with code, and all above ground structures maintain their required setbacks, and WHEREAS, the City Council finds the current lack of land available for parking to support redevelopment to be so critical as to justify the use of an interim zoning ordinance to permit underground buildings and structures such as utility vaults and parking garages to be located to the property line if they are entirely below grade, and all above surface buildings and structures comply with landscaping and setback requirements, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The following amendment to ECDC 16.50.020(A)' is hereby amended as an interim zoning measure to read as follows: 16.50.020 Site development standards. A. Table The setback for buildings and structures located at or above grade (exempting buildings and structures entirely below the surface of the ground) shall be 15 feet from lot line adjacent to residentially (R) zoned property. 'Relating to setbacks from R -zoned property. 213398.10 -2- Section 2. Pursuant to the provisions of RCW 36.70A.390 and 35A.63.220, a public hearing on this interim zoning measure is hereby set for December 15, 1998, such date being within sixty (60) days within the date of the passage of this interim zoning measure. Section 3. 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. APPROVED: MAYOR, BARBARA S. FAHEY ATTEST /AUTHENTICATED CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ev FILED WITH THE CITY CLERK: 11/13/98 PASSED BY THE CITY COUNCIL: 11/17/98 PUBLISHED: 11/23/98 EFFECTIVE DATE: 11/28/98 ORDINANCE NO. 3232 213398.10 -3- SUMMARY OF ORDINANCE NO. 3232 of the City of Edmonds, Washington On the 17th day of November, 1998, the City Council of the City of Edmonds, passed Ordinance No. 3232. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECDC 16.50.020(A) TO EXEMPT SUBSURFACE BUILDINGS AND STRUCTURES, PROPERLY LANDSCAPED FROM SETBACK REQUIREMENTS, PROVIDING FOR A PUBLIC HEARING AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 18th day of November, 1998. 2Ad��'X- e44--4� CITY CLERK, SANDRA S. CHASE RCW 35.63.200 Moratoria, interim zoning controls -- Public hearing -- Limitation on length. A council or board that adopts a moratorium or interim zoning control, without holding a public hearing on the proposed moratorium or interim zoning control, shall hold a public hearing on the adopted moratorium or interim zoning control within at least sixty days of its adoption, whether or not the council or board received a recommendation on the matter from the commission. If the council or board does not adopt findings of fact justifying its action before this hearing, then the council or board shall do so immediately after this public hearing. A moratorium or interim zoning control 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 or interim zoning control 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 § 1.] Page [ 1 ] Filed with City Clerk: // -/3.9F Adopted by Reference ordinance # 3232. on 11- -17- R City Clerk _ _ RCW 36.70A.390 Moratoria, interim zoning controls -- Public hearing -- Limitation on length -- Exceptions. A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim, zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control 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, interim zoning map, interim zoning ordinance, or interim official control 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. This section does not apply to the designation of critical areas, agricultural lands, forest lands, and mineral resource lands, under RCW 36.70A.170, and the conservation of these lands and protection of these areas under RCW 36.70A.060, prior to such actions being taken in a comprehensive plan adopted under RCW 36.70A.070 and implementing development regulations adopted under RCW 36.70A.120, if a public hearing is held on such proposed actions. [1992 c 207 § 6.] Page[1] Filed with City Clerk: 11-13-99 Adopted by Reference Ordinance # 3a3Z on / / -/% 98 City Clerk 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 ] Filed with City Clerk: Adopted by Reference Ordinance # 3z32. on City Clerk STATE OF WASHINGTON, COUNTY OF SNOHODSISH, I SUMMARY OF ORDINANCE NO. 3232 of the City of Edmonds, Washington On the 17th day of November, 1998, the City Council of the City }of Edmonds, passed Ordinance No. 3232. A summary of the ,content of said ordinance. Con- i isting of the title, provides as follows: : AN ORDINANCE OF THE CITY IOF EDMONDS. WASHINGTON, AMENDING THE PROVISIONS OF ECDC 16.5D.020(A) TO EX. EMPT SUBSURFACE BUILD- INGS AND STRUCTURES, PROPERLY LANDSCAPED FROM SETBACK REQUIRE - I MENTS, PROVIDING FOR A PUBLIC HEARING TIME SAME WHEN THE FIXING A ME i SHALL BECOME EFFECTIVE. The full tett of this Ordinance will be mailed upon request. DATED this 18th day oil November, 1998. SANDRA S. CHASE Ciq•Clerk Published: November 23, 1998. B -2 -1 ss. Affidavit of Publication 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 ......... ............................... ...... Sl mmarv...of...Qrdinance.. No.... ..3.232 ........................ .................... 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: November 23, 1998. ..................................•--......................................................------------ ............................... Ad newspaper was of said per o Id .ted to'\its subscribers ....... ................ cipal Clerk Subscribed and sworn to before me this ...........23rd ................. C 4Notary f IVOVemb2r ........... ......................1 19........ ......... ............................ g ------ •- -..... ublic in and for the S to of ashen ton, residing at Everett, Snohomis Count . ­1 000 N a� NOTARY /9N' �N PUBLIC ry:= 2Z .�•.4 o '.'9j�••'gY 19 Zo : �: