Ordinance 35760006.90000
WSS /gjz
11/30/05
ORDINANCE NO. 3576
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, EXTENDING 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 15.40.020(a)(2), PROVIDING FOR
EXPIRATION, 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 deemed it to be in the public interest to enact a
zoning moratorium by Ordinance 3530, and extended by Ordinance 3555, until such time as
either a regular change in the City's Comprehensive Plan and zoning code is enacted or until
such time as interim zoning measures clarifying the City's position could be enacted, and
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WHEREAS, the original moratorium is about to expire, and following public
hearing, the City Council deems it to be in the public interest to extend the moratorium noting its
continuing good faith efforts to review alternatives regarding building height in the downtown
area, 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 renewed 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.. 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 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:
MAY06Z GA HAAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
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APPROVED AS TO FORM:
OFFICE OF THE C Y ATTORNEY:
BY )57
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 12/02/2005
PASSED BY THE CITY COUNCIL: 12/06/2005
PUBLISHED: 12/11/2005
EFFECTIVE DATE: 12/16/2005
ORDINANCE NO. 3576
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SUMMARY OF ORDINANCE NO. 3576
of the City of Edmonds, Washington
On the 6th day of December, 2005, the City Council of the City of Edmonds,
passed Ordinance No. 3576. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING 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 15.40.020(a)(2), PROVIDING FOR EXPIRATION, AND FIXING
A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 7th day of December, 2005.
'4"e" /. L""�'
CITY CLERK, SANDRA S. CHASE
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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.]
Adopted by Reference
Ordinance #3576- on
,AAAA4. J0 •
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 § 6.1
Affidavit of Publication
STATE, OF WASHINGTON, S.S.
COUNTY OF SNOHONIISH
and that said newspaper was regularly distributed to its subscribers during all of said period.
Yrmclpal Clerk
Subscn ed and sworn to before me this 12th
day of ecember, 2005 ABBE
i3S164; • 1
N tary Pu tic in and for the State of Washin ton, �sidi • Evee,4ttt,- &noho>jsh j
Cou ty. I (jt •' PUBLIC
i
Account Name: City of Edmonds Account Number: 101416 Order Number: 0001356968
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. 3576
Snohomish, and State of Washington; that said newspaper is a newspaper of general
On the 6th day of December, 2005, the City Council of the
City of Edmonds, passed Ordinance No. 3576. A summary of
circulation in said County and State; that said newspaper has been approved as a legal
the content of said ordinance, consisting of the title, provides
as follows:
newspaper b order of the Superior Court of Snohomish County and that the notice
Y P ty
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
T,LIN, EXTENDING A.ZONING MORATORIUM ON THE AP-
Summary of Ordinance 3576
CATION OF ARCHITECTURAL DESIGN BOARD APPLI-
RS ST
LAW PRIORMF�1T
MIAMI E NQ PERMIT APPLICATIONS, NOT
Extending a Zoning Moratorium
F THIS NA
OF THIS ORDINANCE WHICH ULATED DESIGN IN ORDER Ton
<HEIGHT. IN EXCESS OF .1H
TWENTY =FIVE OUT HEIGHT LIMITATION ESTABLISFI�p'r
City of Edmonds
BY ECDC 15.40,020�a)(2), PROVIDING FOR EXPIRATION,
AND FIXING A TIM WHEN THE SAME SHALL BECOME
EFFECTIVE.
Se o '
The fyll f this Ordinance will be mailed upon request:
D�kT�Dihf7th day. of December, 2005.
a printed copy of which is hereunto attached, was published in said newspaper proper and not
CITY CLERK, SANDRA S. CHASE
ablishedt�$C2fnber t.1, 2005.
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
December 11, 2005
and that said newspaper was regularly distributed to its subscribers during all of said period.
Yrmclpal Clerk
Subscn ed and sworn to before me this 12th
day of ecember, 2005 ABBE
i3S164; • 1
N tary Pu tic in and for the State of Washin ton, �sidi • Evee,4ttt,- &noho>jsh j
Cou ty. I (jt •' PUBLIC
i
Account Name: City of Edmonds Account Number: 101416 Order Number: 0001356968