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Ordinance 35110006.90000 WSS /gjz 8/2/04 R:8 /9 /04gjz ti ORDINANCE NO. 3511 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERIM ZONING ORDINANCE, AMENDING ECDC 21.30.010 FAMILIES TO ADD A NEW PARAGRAPH D IN ORDER TO AMEND THE DEFINITION OF FAMILY TO AUTHORIZE AND PERMIT EXCHANGE STUDENTS TO RESIDE WITH FAMILIES FOR A PERIOD NOT TO EXCEED ONE YEAR, SETTING A PUBLIC HEARING DATE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the provisions of the Washington Growth Management Act, RCW 36.70A.390, authorizes and permits cities to adopt interim zoning regulations; and WHEREAS, it has been brought to the attention of the City Council by its Community/Development Services Committee that the City's definition of family does not permit or include authorization for families in single - family residential settings to open their homes to a student under a foreign exchange or other similar program; and WHEREAS, the practice of providing residences for foreign exchange students and students placed with families under similar programs is both well established and provides a benefit both to the students and to the citizens of Edmonds, and WHEREAS, the City, through the Sister City Commission, encourages educational and cultural exchange programs; and WHEREAS, the City Council wishes to adopt as an interim zoning ordinance an amendment to the definition of family to permit a foreign exchange student to reside for a period not to exceed one year as a part of a family unit while the City's Planning Advisory Board {WSS576807.DOC;1/00006.900000/} - 1 - reviews changes to the City Code which would permit this use on a longer term basis, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECDC 21.30.010 Families is hereby amended by the addition of a new sub - section D. ECDC 22.30.010 Families D. Each family may also include an individual student as a part of a recognized foreign exchange program or similar educational, non profit program. Each individual student may reside at a residence for not more than one (1) calendar year from the date the student first resides at the home. A qualifying student shall not be considered when determining the number of related and/or unrelated persons residing at the site pursuant to paragraph A. above. Section 2. This provision has been adopted as an interim zoning regulation prior to a public hearing pursuant to this authorization of RCW 36.70A.390. A public hearing is hereby set on this subject for the 5th day of October, 2004, such date being not more than sixty (60) days from the date of adoption of this interim zoning ordinance. 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. This ordinance is, however, an interim zoning measure which shall expire on its own terms six (6) months after the date of adoption thereof, unless extended by act of the City Council in accordance with RCW 36.70A.390. {WSS576807.DOC;1/00006.900000/) - 2 - APPROVED MAYOK GAtFHAKENSON ATTEST /AUTHENTICATED: CI YT CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF E CITY ATTORNEY: BY W. Scott Snyder FILED WITH THE CITY CLERK: 08/13/2004 PASSED BY THE CITY COUNCIL: 08/17/2004 PUBLISHED: 08/22/2004 EFFECTIVE DATE: 08/27/2004 ORDINANCE NO. 3511 {WSS576807.DOC;1 /00006.900000/} - 3 - SUMMARY OF ORDINANCE NO. 3511 of the City of Edmonds, Washington On the 17th day of August, 2004, the City Council of the City of Edmonds, passed Ordinance No. 3511. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERIM ZONING ORDINANCE, AMENDING ECDC 21.30.010 FAMILIES TO ADD A NEW PARAGRAPH D IN ORDER TO AMEND THE DEFINITION OF FAMILY TO AUTHORIZE AND PERMIT EXCHANGE STUDENTS TO RESIDE WITH FAMILIES FOR A PERIOD NOT TO EXCEED ONE YEAR, SETTING A PUBLIC HEARING DATE, 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 August, 2004. 'eK�� "d, cl� CITY CLERK, SANDRA S. CHASE {WSS576807.DOC;1/00006.900000/} - 4 - Page 1 of 1 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 3670A.._070 and implementing development regulations adopted under RCW 3670A.120, if a public hearing is held on such proposed actions. [1992 c 207 § 6.] Adopted by Reference Ordinance #-35L— on i.., Z ity Clerk http: / /search.mrse. org /nxtlgateway.dll /rcw /rcw %20% 2036 %20 %20title /rcw %20 %2036 %2... 8/27/2004 13 0006.90000 WSS /gjz 1/11/05 ORDINANCE NO. 3533 AN ORDINANCE OF. THE CITY OF EDMONDS, WASHINGTON, EXTENDING AN INTERIM ZONING ORDINANCE NO. 3511, WHICH AMENDED ECDC 21.30.010 FAMILIES TO ADD A NEW SUB - PARAGRAPH (D) AUTHORIZING AND PERMITTING EXCHANGE STUDENTS TO RESIDE WITH FAMILIES FOR A PERIOD NOT TO EXCEED ONE YEAR, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the provisions of the Washington Growth Management Act, RCW 36.70A.390 and 35A.63.220 authorize and permit cities to adopt interim zoning regulations, and WHEREAS, an interim zoning ordinance was adopted by the City Council on the 17th day of August, 2004 to adopt an interim definition of "family" in order to permit foreign exchange students to reside with host families, and WHEREAS, despite their diligence, the Edmonds Planning Board has not been able to address the issue, and WHEREAS, the Planning Board estimates that a period not to exceed six months is necessary to complete their recommendation and has considered and adopted a work plan to accomplish their task of providing a recommendation to the City Council, and WHEREAS, the City Council held a public hearing on the 1st day of February, 2005 regarding extension of this ordinance, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: {WSS590641.DOC;1 /00006.900000/1 - 1 - Section 1. An interim zoning ordinance originally adopted as Ordinance No, 3511 on August 17, 2004, be and is hereby extended for a period of an additional six months. Said ordinance amended ECDC 21.30.010 Families to add a new ' sub - section (D). Such provision reads as follows: 22.30.010 Families. D. Each family may also include an individual student as a part of a recognized foreign exchange program or similar educational, non -profit program. Each individual student may reside at a residence for not more than one (1) calendar year from the date the student first resides at the home. A single qualifying student shall not be considered when. determining the number of related and/or unrelated persons residing at the site pursuant to paragraph 4 above. Section 2. This provision has been adopted as an interim zoning regulation pursuant to the authorization of RCW 36.70A.390 and 35A.63.220. Its effective date shall not exceed six months. This ordinance shall be effective upon the expiration date of Ordinance No. 3511, and shall extend its effectiveness for an additional six -month period. Ordinance No. 3511, therefore, has been extended to one-year and shall expire on its own terms unless further action to extend it is taken by the City Council following public hearing. 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: M OR Y NSON I V {WSS590641.DOC;1 /00006.900000/} - 2 - ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM:, OFFICE OF THE WY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 01/28/2005 PASSED BY THE CITY COUNCIL: 02/01/2005 PUBLISHED: 02/09/2005 EFFECTIVE DATE: 02/14/2005 ORDINANCE NO. 3533 {WSS590641.DOC;1 /00006.900000/} - 3 - SUMMARY OF ORDINANCE NO. 3533 of the City of Edmonds, Washington On the 1St day of February, 2005, the City Council of the City of Edmonds, passed Ordinance No.. 3533. A summary of the content of said ordinance, consisting of the title, provides as follows: AN, ORDINANCE OF THE CITY. OF EDMONDS, WASHINGTON, EXTENDING AN INTERIM ZONING ORDINANCE NO. 3511, WHICH AMENDED ECDC 21.30.010 FAMILIES TO ADD A NEW SUB - PARAGRAPH (D) AUTHORIZING AND PERMITTING EXCHANGE STUDENTS TO RESIDE WITH FAMILIES FOR A PERIOD NOT TO EXCEED ONE YEAR, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 2nd day of February, 2005. CITY CLERK, SANDRA S. CHASE {WSS590641.DOC;1 /00006.900000/1 - 4 - Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHOMISH S.S. 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 SUMMARY OF ORDINANCE NO. 3533 Snohomish, and State of Washington; that said newspaper is a newspaper of general o , e o moll s, as ington on ,the .1st day of February 2005, the City Council of the circulation in said Count and State; that said newspaper has been approved as a legal ;4' ot'E.dmonds; passed Or mance No. 3533. A summary of Y ie content of said ordinance, corisistingat the title, provides newspaper by order of the Superior Court of Snohomish County and that the notice . s follows: Summary of Ordinance No. 3533 �N ORDINANCE OF THE CITY :01` EDMONDS WASHING +. ;ON, EXTENDING AN INTERIM ZONING- ORDINANCE..NO. 1.511, WHICH AMENDED ECDC 21.30.010.FAMILIES TO OD'A NEW EXCHANGE STUDENTS. TO RESIDE WIT City of Edmonds °AMILIES FORA PERIOD NOT TO EXCEED ONE YEAR, 4ND FIXING A TIME WHEN THE SAME SHALL BECOME' EFFECTIVE , The full text of -i is Ordinance wilt be mailed :upon regAuest., DATED this 2nd day of CITY ryry CLERK, SANDRA S ASE Published: FebruaryA 2005. 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 09, 2005 FEB 14 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this day of February, 2005 Notary Public County. 9th �.� ... ';T residing at Everett, Sn o i 1 L/C t 0 O Account Name: City of Edmonds Account Number: 101416 Order Number. 0001257155 STATE OF WASHINGTON, COUNTY OF SNOHOMISH SUMMARY OF ORDINANCE NO. 3511 o the City o dmon s, as mgton On the 17th day of August, 2004, the City Council of the City of Edmonds, passed Ordinance No. 3511. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, ADOPTING AN INTERIM ZONING ORDINANCE, AMENDING ECDC 21.30.010 FAMILIES TO ADD A NEW PARAGRAPH D IN ORDER TO AVEIM—fHE DEFINITION OF FAMILY TO AUTHORIZE AND PERMIT EXCHANGE STUDENTS TO RESIDE WITH FAMILIES FOR A PERIOD NOT TO EXCEED ONE YEAR, SETTING A PUBLIC HEAR- ING DATE, 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 August, 2004. CITY CLERK, SANDRA S. CHASE Published: August 22, 2004. RECEIVED AUG 2 6 ZOOM EDMONDS CITY CLERK Affidavit of Publication S.S. 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. 3511 City of Edmonds 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: August 22, 2004 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworLtdbefore me this day of August, 2004 Notary Public in and for the County. le 23rd �1 •is�CU�� t °t� o� Qti•• O , >uu wmts 1 tft �i A ® rn �.• eCIC M tS Account Name: City of Edmonds Account Number: 101416 Order Number. 0001202516