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Resolution 590WSS:jt 6/6/84 RESOLUTION NO. 590 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 1 OF RESOLUTION NO. 428, PASSED BY THE CITY COUNCIL ON FEBRUARY 27, 1979, AND AMENDED BY SECTION 1 OF RESOLUTION NO. 431, PASSED BY THE CITY COUNCIL ON APRIL 3, 1979, AND BY SECTION 1 OF RESOLUTION NO. 587, PASSED BY THE CITY COUNCIL ON APRIL 17, 1984, TO ALLOW CITY DEPARTMENTS AND OFFICIALS TO PROCESS AND APPROVE ANY APPLICATION PRELIMINARY TO CONSTRUCTION WITHIN THE MEADOWDALE AREA OF EDMONDS, INCLUDING BUT NOT LIMITED TO BUILDING PERMITS, BUT PROVIDING THAT NO PERMIT SHALL BE ISSUED UNTIL THE ORIGINAL MORATORIUM HAS BEEN LIFTED. WHEREAS, the City Council on February 27, 1979, enacted Resolution No. 428 which imposed a moratorium on the issuance of all building permits and approvals of planned residential developments, subdivisions and short subdivisions in the Meadowdale area of Edmonds, and WHEREAS, said moratorium was and is necessary to the best interest of the public health, safety and general welfare because of the high potential for landslides in the area due to steep slopes, sand and clay formations and the quantities of ground water percolating through the soil due to the lack of storm and sanitary sewers, and WHEREAS, the construction of additional dwelling units in the area appreciably affects the quantity of ground water and the soil stability in the area and therefore must be prohibited until an adequate storm and sanitary sewer system is installed, thereby reducing the quantity of ground water percolating through the soil and the likelihood of landslide and other related health problems, and WHEREAS, the City Council has by Resolution No. 431 amended Section 1 of Resolution No. 428 permitting City departments and officials to issue building permits for construction so long as the permits do not authorize or enable the construction of additional dwelling units that would add to the quantity of ground water percolating into the soil, and WHEREAS, the City Council on April 17, 1984, further amended Resolution No. 428 to allow City departments and officials to process and approve applications for subdivisions and short subdivisions in the Meadowdale area of Edmonds, and WHEREAS, Local Improvement District No. 210 was created by Ordinance No. 2237, passed by the City Council on September 29, 1981, pursuant to which a contract for the construction of sanitary and storm sewers in the Meadowdale area has been awarded, and WHEREAS, the construction under said Local Improvement District is projected to be completed in the late summer of 1984 and WHEREAS, the processing of building permit applica- tions for new and additional dwelling units within the Meadowdale area will not affect the intent of the moratorium as created under Resolution No. 428, 431 and 587 provided that no permit is actually issued for the construction of any additional dwelling unit in the area, now, therefore, - 2 - THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Section 1 of Resolution No. 428 passed by the City Council on February 27, 1979, as amended by Resolution No. 431, passed by the City Council on April 3, 1979, and further amended by Resolution No. 587, passed by the City Council on April 17, 1984, is hereby further amended to read as follows: Section 1, No City department or official shall finally approve any application for any building permit or application for approval of a planned residential development which has been filed with the City on or after February 27, 1979, for that area commonly known as the Meadowdale area, located generally north of 168th Street S.W. and more particularly depicted on the map which is labeled Exhibit A and attached to this Resolution and incorporated by reference as fully as if herein set forth, until the study authorized hereinafter is completed and the remedial action is enacted; provided, however, that this section shall not apply to building permits for construction which do not add an additional dwelling unit or units to those existing prior to February 27, 1979, and provided further however, that this section shall not apply to subdivision and short subdivision applications, nor shall it be deemed to prohibit the acceptance, processing and consideration of applications for any building permit or planned residential development with the express understanding and acknowledgement by the applicant that no permit shall be issued nor construction of any additional dwelling unit within the described area approved until such time as the referenced remedial action shall have been completed and accepted by the City Council and this moratorium lifted. Any plat or short plat for property in the subject area submitted for recording by the Snohomish County auditor shall set forth on its face the following covenant: No building permit or planned residential development shall be approved by the City of - 3 - Edmonds while Resolution No. 428, passed on February 27, 1979, as subsequently amended, remains in effect. Section 2. It is the stated intention of the City Council that building permit applications and applications for approval of planned residential developments will be accepted under the provisions of this amendment and processed but not issued as an accommodation to the owners of property within the Meadowdale area. Nothing herein shall be deemed nor construed to provide for the actual issuance of a building permit or to require the approval of any permit or planned residential development until such time as the City Council shall consider and approve the lifting of this moratorium. Persons applying for such permits or planned residential development approval do so at their own risk and expense. The City staff is instructed to note on the face of any such application received for properties within the moratorium area that the application is being accepted for processing only, and that no permit will issue until the moratorium is lifted. RESOLVED this 11th day of June , 1984. FILED WITH THE CITY CLERK: June 7, 1984 PASSED BY THE CITY COUNCIL: June 11 , 1984 RESOLUTION NO. 590 — 4 —