Ordinance 36090006.90000
WSS /gjz
11/02/06
ORDINANCE NO. 3609
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, EXTENDING A ZONING MORATORIUM ON
THE APPLICATION OF ECDC 20.10.070(C)(3) RELATING TO
THE IMPOSITION OF SPECIAL HEIGHT LIMITS TO
PROTECT VIEWS, ESTABLISHING AN EXPIRATION DATE,
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 interpreted certain provisions of City ordinance in a manner different than they
have been historically and consistently applied by the City staff and Architectural Design Board,
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 has received the recommendations of its Planning
Board regarding changes to the Comprehensive Plan and zoning code which may address any or
all of these issues, but is in the midst of the deliberations in a quasi-judicial proceeding and does
not want a frank discussion of the recommendations to appear to violate the Appearance of
Fairness Doctrine or to discuss issues raised in the quasi-judicial proceeding outside of the
context of that decision, and
WHEREAS, the court in Bauer interpreted the term "view" as utilized in ECDC
20.10.070(C)(3) to include a view of the sky, and
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WHEREAS, the City staff and Architectural Design Board have consistently
interpreted the word "view" to exclude "shadowing," that is, the architectural concept that a
structure may block sunlight and limit the sky, and
WHEREAS, the City is under the obligation in its architectural design process to
meet the following standard:
Clearly, however, aesthetic standards are an appropriate
component of land use governance. Whenever a community
adopts such standards they can and must be drafted to give clear
guidance to all parties concerned. Applicants must have an
understandable statement of what it expected from new
construction. Design professionals need to know in advance what
standards will be acceptable in a given community. It is
unreasonable to expect applicants to pay for repetitive revisions of
plans in an effort to comply with unarticulated, unpublished
"statements." It is equally unreasonable, and a deprivation of due
process, to expect or allow a design review board ... to create
standards on an ad hoc basis, during the design review process.
Anderson v. Issaquah, 71 Wash. App. 64, 82 -83 (Div. I, 1992)
WHEREAS, the provisions of ECDC 20.10.070(C)(3) do not contain definitions
of the word "view," "substantial blockage," nor "surrounding properties," and such terms are
utilized in the sections regarding a special height limit should substantial view blockage occur,
and
WHEREAS, the City Council enacted a moratorium on the application of ECDC
20.10.070 (C)(3) by Ordinance 3532 and extended by Ordinance 3556, 3577 and 3596; and
WHEREAS, the City Council has received the recommendations of its Planning
Board regarding changes to the Comprehensive Plan and zoning code which may address any or
all of these issues, but is in the midst of deliberations in a quasi-judicial proceeding and does not
want a frank discussion of the recommendations to appear to violate the Appearance of Fairness
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Doctrine nor to discuss issues raised in the quasi-judicial proceeding outside of the context of
that decision, and
WHEREAS, a public hearing was held regarding the extension of the moratorium
on November 6, 2006, and
WHEREAS, the City Council deems it appropriate to extend the moratorium on
the application of ECDC 20.10.070(C)(3) until such time as the terms have been defined or the
Council deems it to be in the public interest to repeal said provision, thereby assuring compliance
with Anderson v. Issaquah, 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 extended on the application of ECDC 20.10.070(C)(3) relating to the
imposition of special height limitations to protect views.
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
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.
APPROVE .
MAY G Y HAAKENSON
ATTEST /AUTHENTICATED:
, e it., M.� , Z. &. " r 0,
ITY CLERK, SANDRA S. CHASE
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APPROVED AS TO ORM:
OFFICE OF t E TY A O EY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 11/03/2006
PASSED BY THE CITY COUNCIL: 11/06/2006
PUBLISHED: 11/12/2006
EFFECTIVE DATE: 11/17/2006
ORDINANCE NO. 3609
{WSS645287.DOC;1/00006.900000/} - 4 -
SUMMARY OF ORDINANCE NO. 3609
of the City of Edmonds, Washington
On the 6th day of November, 2006, the City Council of the City of Edmonds,
passed Ordinance No. 3609. 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 APPLICATION OF ECDC 20.10.070(C)(3) RELATING
TO THE IMPOSITION OF SPECIAL HEIGHT LIMITS TO PROTECT VIEWS,
ESTABLISHING AN EXPIRATION DATE, 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 November, 2006.
/•
ITY CLERK, SANDRA S. CHASE
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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 36.70.A 120, if
a public hearing is held on such proposed actions.
[1992 c 207 § 6.]
Adopted by Reference
Ordinance #31609 on 11 -0lo -&
VI/�
City Clerk
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 #i6D__?__ on 1/ 1- °6 -D16
w • _l��'
City Clerk
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
SUMMARY OF ORDINANCE NO.3609
o t e iji o mon s, as inrtgtton
On the City of Edmonds, passe d Ordmance Noh3608. A summary of
the content of said ordinance, consisting of the title, provides
as follows:
i AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, EXTENDING A ZONING MORATOR-
i IUM ON THE APPLICATION OF ECDC 20.10.070(C)(3)
HEIG T RELATING IM TS TO PROTECT I VIEWS, ESTABLISH-
ING AN EXPIRATION DATE, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinan
DATRf1 t6t.. �.� ._. ... ce will be mailed upon request.
I _ _
2006.
IS.CHASE
I
RECEIVED
IN 2 0 2006
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. 3609
Special Height Limits
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 12, 2006
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and swom to before me this
day of November, 2006
13th
Notary?ubl' n andor the State of Washington, residing at
County.
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Account Name: City of Edmonds Account Number. 101416 Order Number. 0001455084