Ordinance 3679ORDINANCE NO. 3679
AN INTERIM ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE DEFINITION OF LOCAL
PUBLIC FACILITIES IN ECDC 21.55.007, SETTING A
PUBLIC HEARING, AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, the current definition of local public facilities in ECDC 21.55.007
may include private community facilities; and
WHEREAS, the City Council finds it to be in the public interest to adopt an
interim ordinance more clearly defining what constitutes local public facilities for purposes of
the Edmonds Community Development Code pending a public hearing in order to preserve the
character of residential neighborhoods while final definition of the term is determined; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council hereby makes the following findings in
support of this interim Ordinance:
a) The current definition of local public facilities in ECDC 21.55.007 does
not preclude private and or for profit community facilities from being
considered local public facilities.
b) Under the current code, local public facilities are a permitted conditional
use in Single - Family Residential (RS) zones.
c) Development of private and or for profit community facilities in RS zones
is inconsistent with the intended character of the City's RS zones.
d) The City is authorized pursuant to RCW 35A.63.220 and RCW
36.70A.390 to adopt interim zoning control for the purpose of preserving
the status quo while new development standards are considered, prepared
and enacted.
{BFP684144.DOC;1/00006.900150/} - 1 -
e) It is necessary to adopt this ordinance as an immediately- effective interim
zoning control in order to prevent development rights from vesting to the
City's current regulations.
f) The interim amendment set forth herein will serve and is necessary to
protect the public health, safety and welfare.
Section 2. Amended. ECDC 21.55.007, Local public facilities. is hereby
amended to read as follows:
Local public facilities mean any community facilities operated by a
unit of local, state or federal government (or by a third party on
behalf of a unit of local, state or federal government), primarily
sited, designed, constructed, and operated for the purpose of
providing public health, safety and welfare services to the
immediate area or neighborhood in which they are sited. Local
public facilities include, but are not limited to: police stations, fire
stations, branch libraries, bus stop shelters, electrical substations,
water pump stations, community club houses, parks and recreation
special use areas, branch governmental and administrative offices,
service clubs, storage and associated maintenance buildings and
yards.
Section 3. Public Hearin. As required by RCW 35A.63.220, this interim
Ordinance shall expire six months from the date of adoption, unless sooner repealed or
subsequently extended by act of the City Council. In the meantime, as further required by RCW
35A.63.220, the City Clerk is directed to schedule a public hearing on this ordinance within sixty
(60) days of its adoption. The City Council may in its discretion adopt additional findings in
support of this interim Ordinance at the conclusion of the public hearing. The Planning Board is
required to make a recommendation on the final version of this ordinance to be adopted by the
City Council prior to its expiration.
Section 4. Declaration of Emergency. The basis for the City Council's
determination that the enactment of this interim Ordinance is and should be an emergency
measure is the preservation of the character of residential neighborhoods in the City of Edmonds
{BFP684144.DOC;1/00006.900150/} - 2 -
pending the final definition and determination of what constitutes local public facilities. Upon
the vote of a majority plus one of the City Council, this ordinance shall be effective as provided
in Section 7 below.
Section 5. Ordinance to be Transmitted to Department. Pursuant to RCW
36.70A.106, this interim Ordinance shall be transmitted to the Washington Department of
Community, Trade, and Economic Development as required by law.
Section 6. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this interim Ordinance.
Section 7. Effective Date. This interim Ordinance has been adopted as an
emergency measure on the affirmative vote of a majority plus one of the City Council and shall
be effective immediately upon and after its passage.
APPROV
MAY GA HAAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF H CITY T RNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 02/01/2008
PASSED BY THE CITY COUNCIL: 02/05/2008
PUBLISHED: 02/10/2008
EFFECTIVE DATE: 02/05/2008 (Effective upon passage; expires 08/05/2008)
ORDINANCE NO. 3679
{BFP684144.DOC;1/00006.900150/} - 3 -
SUMMARY OF ORDINANCE NO. 3679
of the City of Edmonds, Washington
On the 5th day of February, 2008, the City Council of the City of Edmonds,
passed Ordinance No. 3679. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN INTERIM ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE DEFINITION OF LOCAL
PUBLIC FACILITIES IN ECDC 21.55.007, SETTING A
PUBLIC HEARING, AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 6th day of February, 2008.
CITY CLERK, SANDRA S. CHASE
{BFP684144.DOC;1/00006.900150/} - 4 -
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 [or] 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 # Y 9 on .Z -S -off
Cilry ,�s,� .�I• Lam_
Clerk
y
I'll I
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
RCW 36.70A.106
Comprehensive plans -- Development regulations -- Transmittal to state -- Amendments --
Expedited review.
(1) Each county and city proposing adoption of a comprehensive plan or development regulations under
this chapter shall notify the department of its intent to adopt such plan or regulations at least sixty days
prior to final adoption. State agencies including the department may provide comments to the county or
city on the proposed comprehensive plan, or proposed development regulations, during the public
review process prior to adoption.
(2) Each county and city planning under this chapter shall transmit a complete and accurate copy of
its comprehensive plan or development regulations to the department within ten days after final
adoption.
(3)(a) Any amendments for permanent changes to a comprehensive plan or development regulation
that are proposed by a county or city to its adopted plan or regulations shall be submitted to the
department in the same manner as initial plans and development regulations under this section. Any
amendments to a comprehensive plan or development regulations that are adopted by a county or city
shall be transmitted to the department in the same manner as the initial plans and regulations under this
section.
(b) Each county and city planning under this chapter may request expedited review for any
amendments for permanent changes to a development regulation. Upon receiving a request for expedited
review, and after consultation with other state agencies, the department may grant expedited review if
the department determines that expedited review does not compromise the state's ability to provide
timely comments related to compliance with the goals and requirements of this chapter or on other
matters of state interest. Cities and counties may adopt amendments for permanent changes to" a
development regulation immediately following the granting of the request for expedited review by the
department.
[2004 c 197 § 1; 1991 sp.s. c 32 § 8.]
STATE OF WASHINGTON ,
COUNTY OF SNOHOMISH
- SUMMARY OF ORDINANCE NO. 3679
o t e ty o mon s, as NCO
On the 5th day of February, 2008, the City Council of the
City of Edmonds, passed Ordinance No. 3679. A summary of
the content of said ordinance, consisting of the title, provides
aslollows:
ANr, ERIM ORDINANCE OF THE CITY OF ED-
DS WASHINGTON, AMENDING THE DEFINI-
TION' OF LOCAL PUBLIC FACILITIES IN ECDC
21.55:007, SETTING A PUBLIC HEARING, AND PRO -
V #DING FOR AN IMMEDIATE EFFECTIVE DATE.
Th6 full text of this Ordinance will be mailed upon request.
DATED this 6th day of February 2008.
Cirri' CLERK, SANDRA S. CHASE
Published:' February 10, 2008
I
r
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. 3697
Amending the Definition of Local Public Facilities
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 10, 2008
and that said newspaper was regularly distribued to its subscribers during all of said period.
Subscribed and sworn to before me this 11th
RECEIVED day of February, 2008
8 2008
a(&
Notary Pub 'c in d for the State of Washington,
mono CITY CLERK County.
Account Name: City of Edmonds Account Number: 101416
.y �ra� iwwc�rt
f 1
/rill 1VVASH;