Ordinance 35300006.90000
WSS /gjz
1/04/05
ORDINANCE NO. 3530
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A ZONING MORATORIUM ON
THE ACCEPTANCE OF ARCHITECTURAL DESIGN BOARD
APPLICATIONS OR BUILDING PERMIT APPLICATIONS,
NOT OTHERWISE VESTED PURSUANT TO STATE LAW
PRIOR TO DATE OF ENACTMENT OF THIS ORDINANCE,
WHICH SEEK TO UTILIZE MODULATED DESIGN. IN
ORDER TO OBTAIN A BUILDING HEIGHT IN EXCESS OF
THE TWENTY -FIVE FOOT HEIGHT LIMITATION
ESTABLISHED BY ECDC 16.50.020(A)(2), SETTING A
PUBLIC HEARING THEREON WITHIN SIXTY DAYS, AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the decision of the Snohomish County Superior Court in Bauer v.
City of Edmonds interprets certain provisions of City ordinance in a manner different than they
have been historically and consistently applied by the City, and
WHEREAS, said decision controls the application considered in the Land Use
Petition Act case but does not have controlling precedential value with respect to other
applications which may be filed with the City, and
WHEREAS, the City Council is awaiting the recommendations of its Planning
Board regarding changes to the Comprehensive Plan and zoning code which may address any or
all of these issues, and
WHEREAS, the City Council deems it to be in the public interest to enact a
zoning moratorium until such time as either a regular change in the City's Comprehensive Plan
{WSS589080.DOC;1 /00006.900000/} - 1 -
and zoning code is enacted or until such time as interim zoning measures clarifying the City's
position may be enacted, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Pursuant to RCW 36.63.020, 36.70.795, and 36.70A.390 a
moratorium is hereby enacted on the receipt of applications of Architectural Design Board
approval or building permit approval for projects, not otherwise vested pursuant to state law or
City ordinance, which seek to utilize the provisions of ECDC 16.50.020(A)(2) in order to obtain
a height limit in excess of twenty -five feet based in whole or in part upon modulated building
design.
Section 2. Pursuant to the requirements of state statute, a public hearing on this
moratorium is hereby set for the 18th day of January, 2005, such hearing date being within sixty
days of the adoption of this moratorium.
Section 3. This ordinance is limited to six months duration and shall expire on its
own terms unless extended following public hearing, by act of the City Council.
Section 4. 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.
APPROVED:
mA R'CffY HAAKENSON
{WSS589080.DOC;1 /00006.900000/} - 2 -
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF Y ATT RN. Y:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 01/04/2005
PASSED BY THE CITY COUNCIL: 01/04/2005
PUBLISHED: 01/06/2005
EFFECTIVE DATE: 01/11/2005
ORDINANCE NO. 3530
{WSS589080.DOC;1 /00006.900000/} - 3 -
SUMMARY OF ORDINANCE NO. 3530
of the City of Edmonds, Washington
On the 4th day of January, 2005, the City Council of the City of Edmonds, passed
Ordinance No. 3530. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A ZONING
MORATORIUM ON THE ACCEPTANCE OF ARCHITECTURAL DESIGN BOARD
APPLICATIONS OR BUILDING PERMIT APPLICATIONS, NOT OTHERWISE VESTED
PURSUANT TO STATE LAW PRIOR TO DATE OF ENACTMENT OF THIS ORDINANCE,
WHICH SEEK TO UTILIZE MODULATED DESIGN IN ORDER TO OBTAIN A BUILDING
HEIGHT IN EXCESS OF THE TWENTY -FIVE FOOT HEIGHT LIMITATION
ESTABLISHED BY ECDC 16.50.020(A)(2), SETTING A PUBLIC HEARING THEREON
WITHIN SIXTY DAYS, AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 5th day of January, 2005.
ITY CLERK, SANDRA S. CHASE
{wss589080.DOC;1i00006.900000i} - 4 -
Page 1 of 1
RCW 36.70A.39O
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 36.7OA.O60, prior to such actions being taken in a comprehensive plan adopted
under RCW 36.7OA.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.]
Adopted by Reference
Ordinance #_3530 on
City Clerk
http:// search .mrsc.orglnxtlgateway.dlllrcw /rcw %20 %2036 %20 %2Otitle /rcw %20 %2036 %20... 2/8/2005
Page 1 of 1
RCW 36.70.795
Moratoria, interim zoning controls -- Public hearing -- Limitation on length.
A board 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 board received a recommendation on the matter from the commission or
department. If the board does not adopt findings of fact justifying its action before this hearing, then the
board 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.
[1992 c 207 § 4.1
Adopted by Reference
Ordinance # 3530 on 1-1t,05
Oliy Clerk
http: // search. mrsc. org /nxt/gateway.dll /rcw /rcw %20 %203 6 %20 %20title /rcw %20 %2036 %20... 2/8/2005
RECEIVED
JAN 1 12005
EDMONDS CITY CLERK
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:
January 06, 2005
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this
day of January, 2005
6th
S
p/
Notary Public in a r t e State of Washington, residing at
County.
(P 2008
Account Name: City of Edmonds Account Number. 101416 Order Number: 0001247081
Affidavit of Publication
STATE OF WASHINGT O N,
COUNTY OF SNOHOMISH
S.S.
SUMMARY OF ORDINANCE NO. 3530
o t e ity o mon s, as mgton
On the 41h day of January, 2005, the City Council of the
City of Edmonds, passed Ordinance No. 3530. A summary of
'the content of said ordinance, consisting of the title, provides
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk
as follows:
of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
�AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
TON, ADOPTING A ZONING MORATORIUM ON THE AC-
Snohomish, and State of Washington; that said newspaper is a newspaper of general
CEPTANCE OF ARCHITECTURAL DESIGN BOARD AP-
PLICATIONS OR BUILDING PERMIT APPLICATIONS, NOT
circulation in said County and State; that said newspaper has been approved as a legal
ty PP g
OTHERWISE VESTED PURSUANT TO STATE LAW PRIOR
TO DATE ENACTMENT
newspaper by order of the Superior Court of Snohomish County and that the notice
M MODULATED ORDER TO
.SEEK UTILI EODULA D D SGN
OBTAIN A BUILDING HEIGHT IN EXCESS OF THE
Summary of Ordinance No. 3530
TWENTY -FIVE FOOT HEIGHT LIMITATION ESTABLISHED
1BY ECDC 16.50.020(A)(SETTING A PUBLIC HEARING
WITHIN Sff DAYS, AND FIXING A TIME
Cit of Edmonds
y
THEREON
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance be mailed upon request. `
rryywill
DATED this 5th dayCITY CLERK, SANDRA S. CHASE
Published: January 6, 2005.
RECEIVED
JAN 1 12005
EDMONDS CITY CLERK
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:
January 06, 2005
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this
day of January, 2005
6th
S
p/
Notary Public in a r t e State of Washington, residing at
County.
(P 2008
Account Name: City of Edmonds Account Number. 101416 Order Number: 0001247081