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Resolution 394RESOLUTION NO. 394 A RESOLUTION OF THE CITY OF EDMONDS, WASHINGTON, DECLARING A MORATORIUM ON BUILDING PERMITS IN THE COMMERCIAL WA - TERFRONT (CW) ZONING CLASSIFICATION SOUTH OF MAIN STREET WITHIN THE CITY LIMITS OF THE CITY OF EDMONDS AND TRANS- FERRING FUNDS. WHEREAS, the City of Edmonds initially adopted a com- prehensive land use plan by Ordinance No. 812 adopted in 1960, and thereafter through continuous study and revision adopted amend- ments and updated comprehensive land use plans, amendments, and revisions, together with further refinement and implementation on a continuing basis, including, but not limited to, a comprehensive park and recreation plan, comprehensive sewage plan, comprehensive street and thoroughfare plan, comprehensive downtown parking plan, Amenities Design Board, revised subdivision code, comprehensive water drainage plan, implementation of a shorelines management system, environmental and economic policy and SEPA implementa- tion plan, and is continuing research and projection for the planned betterment of the City of Edmonds and the health, safety, welfare, morals and esthetic well -being of the residents of the City of Ed- monds and the Edmonds comprehensive planning area, and WHEREAS, throughout the period of planning and research the Edmonds City Council in conjunction with the Edmonds planning and engineering staff, Planning Commission, Board of Adjustment, Amenities Design Board, Park Board, Shorelines Management Citi- zens' Advisory Committee, and various other advisory committees and professional consultants, has been alert to the environmental sensitivity and uniqueness of the Edmonds waterfront, particularly where it is impacted by possibly conflicting interests of recreation, commercial and industrial development, transportation by motorized vehicle, railroad, and the Washington State Ferry system, and WHEREAS, notwithstanding maximum efforts within the staff and financial capacities of the City of Edmonds, recent unfore- seen and unavoidable conflicting impacts have taken place and /or will shortly occur in that area of particular environmental sensitiv- ity and concern, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASH- INGTON, hereby Resolves, Finds, and Declares as follows: 1. Unavoidable conflicting utilizations. In terms of short -term and long -term research and planning, unforeseeable and unavoidable circumstances have occurred, and /or will occur, which cause immediate concern and uncertainty as to the viability of exist- ing planning, zoning and building regulations for the above- described Commercial Waterfront (CW) area. Said unforeseeable circumstanc- es, in terms of present and future research and planning, include, but are not limited to, the following: 2 (a) Federal and state critical requirements of secondary sewerage treatment; (b) The State of Washington proposal to construct a significant fishing pier; (c) Possible expansion of the Port of Edmonds moorage facilities; (d) Expansion of the Senior Citizens Center; (e) Increased vehicular parking needs; (f) Department of Fisheries research and propagation; (g) Increasing fire hazard concerns as evidenced by a recent fire totally destroying a commercial building; (h) Increasing railroad speeds allowed by acts of the Washington state legislature; (i) Declaration of surplus property by Burlington North- ern Railroad; (j) Current consideration of abutting Union Oil tank -farm property; and (k) Commuting traffic and service needs of Trident com- muters. 2. Threatened impact. The emergent situation threatens to adversely impact immediately, and in the future, the said area of Commercial Waterfront (CW) zoning which is of critical environment- al sensitivity, and, accordingly, may affect not only that direct CW 3 a y area, but as well the entire Edmonds planning area by reason of the CW area's high utilization by not only the surrounding areas, but from a drawing population of further magnitude. 3. Declaration of emergency. An emergency is here- by found and declared to exist in the event new and /or further con- struction takes place under the existing regulatory scheme in view of the said occurring and threatened unavoidable and unforeseen im- pacts in that area zoned Commercial Waterfront (CW) south of Main Street within the City of Edmonds. 4. Building moratorium. To provide the City of Ed- monds time to further consider the present and long -range effects of such immediately - occurring circumstances, and those that will occur shortly, the public health, safety, welfare, morals and es- thetic well -being of the City of Edmonds and its planning area require that a moratorium be declared, and by this Resolution, the City Council of the City of Edmonds so declares a building moratorium on the issuance of any further building permits issued in the above- described area zoned Commercial Waterfront (CW) south of Main Street for a period of at least six (6) months from the effective date of this Resolution as follows: a. The building department of the City of Edmonds will issue no building permit for new structures, rebuilding, and /or remodeling of existing struc- tures which exceed fifteen (15) percent of the fair - market value of any such existing structure; and 4 b. The City Clerk is directed to place on the agend- um of the City Council at its regular public meet- ing on the 5th day of September, 1978, the ex- piration, reconsideration, and /or extension of this Resolution. 5. Transfer of funds. The City of Edmonds will ac- cept the contribution in the sum of Five Hundred Dollars ($500) from MR. ROBERT PANTLEY for review and research of existing site analysis, and recommendation of existing and future uses and planning in the said Commercial Waterfront (CW) area south of Main Street; an additional sum of Five Hundred Dollars ($500) is hereby transferred from the Contingency Fund No. 119 to General Fund No. 001, Department No. 007, Community Development De- partment, said total of One Thousand Dollars ($1,000) to be expend- ed for a portion of said research and recommendation; and the Fin- ance Director is hereby authorized to take all necessary steps in order to effectuate the acceptance of said Five Hundred Dollar ($500) contribution and transfer an additional Five Hundred Dollars ($500) as herein set forth. 6. Staff planning priority. In addition to said funds to be accepted and transferred as herein above set forth, all depart- ment heads of the City of Edmonds having expertise and administra- tive responsibility for regulation within the said Commercial Water- 5 front (CW) designated area south of Main Street, shall give immed- iate priority to the implementation and purpose of this Resolution. APPROVED: MAYOR, H. H. Harrison AUTHENTICATED: CITY CLERK, Irene Varney Moran FILED WITH THE CITY CLERK: February 23, 1978 PASSED BY THE CITY COUNCIL: February 28, 1978 D