Ordinance 35810006.90000
WSS /gjz
12/21/05
ORDINANCE NO. 3581
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, DECLARING A MORATORIUM ON
APPLICATIONS TO REZONE, CONTRACT REZONE OR
OTHERWISE DEVELOP PROPERTIES PURSUANT TO
CHAPTER 16.77 MPOR ZONE, SETTING A PUBLIC
HEARING DATE, REFERRING CERTAIN MATTERS TO THE
EDMONDS PLANNING BOARD, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, during a recent process to rezone certain properties pursuant to
Chapter 16.90, the Edmonds City Council deadlocked and was unable to reach a decision; and
WHEREAS, the City Council believes it to be in the public interest to declare a
moratorium on applications under the provisions of current ordinance until such time as the
provisions of the chapter have been reviewed in order to determine whether to continue the zone,
enhance or provide further specificity to the rezone criteria or to otherwise revise, amend or
repeal the current provisions; and
WHEREAS, the City Council also wishes to refer the issue to its Planning Board
with direction to consider whether to retain the current MPOR zone in the City's Comprehensive
Plan; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Pursuant to the authority granted by RCW 35A.63.220, the City
Council of the City of Edmonds hereby declares a zoning moratorium on applications to rezone
properties to the MPOR zone under ECDC Chapter 16.77, whether through the utilization of a
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master plan approved through the Comprehensive Plan or a contract rezone, and/or for any other
development permit associated with developing a use in or under the MPOR zone.
Section 2. Pursuant to the requirements of RCW 35.63.220, a public hearing is
hereby set for the 7`" day of February, 2006, said date being not more than 60 days from the date
of passage of this moratorium ordinance. The City Clerk is hereby authorized to provide
published notice of this public hearing.
Section 3. The Planning Board is hereby instructed and requested to provide
further specificity for the zoning criteria for an MPOR zone. In addition, the issue of whether or
not to continue maintenance of an MPOR zone under the City's Comprehensive Plan is hereby
docketed for review during the 2006 Comprehensive Plan review process. The Mayor is hereby
requested to direct his staff to commence the process of docketing and consideration of such a
change.
Section 4. 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:
MAY"d GXIfy HA KENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
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APPROVED AS TO FORM:
OFFICE OF THE CI Y ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 12/30/2005
PASSED BY THE CITY COUNCIL: 01/03/2006
PUBLISHED: 01/08/2006
EFFECTIVE DATE: 01/13/2006
ORDINANCE NO. 3 5 81
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SUMMARY OF ORDINANCE NO. 3581
of the City of Edmonds, Washington
On the 3`d day of January, 2006, the City Council of the City of Edmonds, passed
Ordinance No. 3581. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, DECLARING A
MORATORIUM ON APPLICATIONS TO REZONE, CONTRACT REZONE OR
OTHERWISE DEVELOP PROPERTIES PURSUANT TO CHAPTER 16.77 MPOR ZONE,
SETTING A PUBLIC HEARING DATE, REFERRING CERTAIN MATTERS TO THE
EDMONDS PLANNING BOARD, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 4`" day of January, 2006.
r. 2G. L!�
CITY CLERK, SANDRA S. CHASE
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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.]
Adopted by Reference
Ordinance #3-5-V_ ! on
Ci y Clerk
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOIVHSH S.S.
SUMMARY OF ORDINANCE NO. 3581
o t e ity o mon s, as mgton
On the 3rd day of January, 2006, the City Council of the
City of Edmonds, passed Ordinance No. 3581. A summary of
the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- I
TON, DECLARING A MORATORIUM ON APPLICATIONS IIII
TO REZONE, CONTRACT REZONE OR OTHERWISE DE-
VELOP PROPERTIES PURSUANT TO CHAPTER 16.77 j
MPOR ZONE, SETTING A PUBLIC HEARING DATE, `RE-
FERRING CERTAIN MATTERS TO THE EDMONDS PLAN-
NING BOARD, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon {
re uest.
DATED this 4th day of January, 2006.
CITY CLERK, SANDRA S. CHASE
Published: January 8, 2006.
RECEIVED
7
EDU
'',,.fi` MY
The undersigned, being first duly swom 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. 3581
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:
January 08, 2006
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed ana sworn to before me this 9th
day of January, 2006
Notary $ublic ih and for the State
County. �
Account Name: City of Edmonds Account Number. 101416
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