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Resolution 408X,r W RESOLUTION NO. 408 A RESOLUTION OF THE CITY OF EDMONDS, WASHINGTON, DECLARING A MORATORIUM ON ISSUANCE OF BUILDING PERMITS FOR CERTAIN MULTI- FAMILY STRUCTURES WITH- IN THE CITY LIMITS OF THE CITY OF EDMONDS. WHEREAS, the City of Edmonds initially adopted a compre- hensive land use plan by Ordinance No. 812 adopted in 1960, adopted a new Official Zoning Map and Zoning Code in 1964 by Ordinance No. 1074, and thereafter through continuous study and revision adopted amendments 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 comprehen- sive park and recreation plan, comprehensive sewage plan, compre- hensive street and thoroughfare plan, comprehensive downtown parking plan, Amenities Design Board, revised subdivision code, comprehen- sive water drainage plan, implementation of a shorelines management system, environmental and economic policy and SEPA implementation 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 Edmonds 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 Citizens' Advisory Committee, and various other advisory committees and professional consultants, has been alert to the environmental sensitivity and uniqueness of the City of Edmonds and its greater planning area. Tree - cutting restrictions, building height limita- tions and other similar regulations have been imposed to preserve the rural, natural and open environment desired by the residents of the area, including Ordinance No. 1936 passed in 1977 adopting a Comprehensive Policy Plan setting forth the long -range goals and policies of the City including the encouragement of smaller homelike multi- family structures and discouraging large mass, multi - family structures that tend to damage by obstruction existing and future view sites, decrease light and air and other environmental considera- tions, increase density beyond City - .service capacity, and otherwise inhibit and frustrate the long -term goals and planning policies for the City and its greater planning area, and WHEREAS, notwithstanding maximum efforts within the staff and financial capacities of the City of Edmonds, recent unforeseen and unavoidable conflicting impacts have taken place and /or will shortly occur that significantly impact the City and its greater planning area, and WHEREAS, the Planning Commission and its ad hoc Density Review Committee very recently conducted studies and public hearings on how best to implement the long -term goals and policies by amending the Official Zoning Ordinance and reduction of the size and mass of multiple residential buildings and having made recommendations to the City Council which requested further consideration and City -wide application, and -2- WHEREAS, the City Council scheduled and held a public hearing on the establishment of a moratorium in relation to the desired density and further multiple - family building in the imme- diate future. An overflow gathering of residents from the City, its greater planning area and beyond, appeared at said hearing and set forth extensive and highly conflicting desires and recom- mended highly conflicting emergency measures by way of a morator- ium on multi- family structure building until such time the further and more detailed comprehensive study and public participation could be undertaken, now therefore THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, hereby Resolves, Finds, and Declares as follows: 1. Unavoidable impacts and unforeseen trends, In terms of short -term and long -term research and planning, unfore- seeable and unavoidable circumstances have occurred, and /or will occur, which cause immediate concern and uncertainty as to the viability of existing zoning and building regulations for multiple residential dwellings. Said unforeseeable circumstances, in terms of present and future research and planning, include, but are not limited to, the following: a. Recent acceleration in multi - family unit construction has exceeded reasonably antici- pated projections which if left unchecked will saturate the Edmonds area density beyond the capacity to provide orderly growth and comprehensively planned development, In the five -year period of 1970 - 1974 building - 3 - permits were issued for 102 multi - family units for an average of 20.4 units per year. This compares to the three year period of 1975 - 1977. of 842 units, for an average of over 280 units per year, an acceleration of over 1,375 % per year average. b. Notwithstanding this accelerated multiple family structure building rate over the last three calendar years, in 1977 only 57% of the area zoned Multiple Residential (RML and RMH) was then currently developed as multiple family units, leaving considerable area available for new construction and reconstruction or conver- sion into multiple residential units. c. The accelerated multiple- family unit construc- tion rate exceeds the projected and anticipated rate necessary to assure orderly development and reasoned comprehensive planning, and is a clear and present threat to open air, light, view and environment, traffic. control and other con- siderations referenced herein. As such,the ac- celerated growth clearly and presently threatens to exceed the existing time -table of development currently reflected in the Official Zoning Map for RML and RMH designated areas and other zones in which multiple- family building are permitted. - 4 - d. To the converse, Duplex zoned areas have demonstrated an irregular and unanticipated pattern of development. e. Demographic changes have recently occurred with school closures and an expansion of the Senior Center demonstrating a Kl further un- expected trend which needs ' iminediat = ;` evaluation. f. A recently announced Boeing expansion, the development of 2,341 acres of the Chevron - Winmar property, including a 450 acre industrial park designation, the dedication of 460 acres in public park by Chevron, sales of large school sites (both improved and unimproved), Depart- ment of Fisheries construction of a public fishing pier to serve a regional public area, the Trident base development, have and will signi- ficantly impact traffic flows, routing, quantity and parking. g. While population growth was anticipated and expected, the suddenness of the growth rate, demo- graphic changes, large land mass area development in the general and peripheral Edmonds planning area could not reasonably have been foreseen or anticipated at this time. - 5 - 2. Threatened impact. The emergent situation. clearly and presently threatens to adversely impact immediately, and in the future, the environment not only in areas presently zoned for multiple family dwellings but as well the entire Edmonds planning area by reason of immediate density increase, and parti- cularly construction of large structures walling off access to light,view and air and adversely impacting the overall environment of the City. 3. Declaration of emergency. An emergency is hereby found and declared to exist in the event new and /or further con- struction of large multi - family units takes place under the existing regulatory scheme in view of the said occurring and threatened un- avoidable and unforeseen impacts in those areas zoned for multiple residential buildings. 4. Building moratorium. To provide the City of Edmonds 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, environment, and esthetic well -being of the City of Edmonds and its planning area require that a moratorium be declared. By motion and order of the City Council, June 27, 1976, now formalized by this Resolution, the City Council of the City of Edmonds declared a building moratorium on the processing and /or issuance of any further building permits for which full and complete application had not been made before-- June 28, 1978, in areas zoned for multiple residential buildings until October 17, 1978, at which time the City Council will review said moratorium in view of additional study and evaluation of these matters as follows: a. The Building Department will not process - 6 - any application or issue any building permits for structures referred to below in subsection b, for which the completed application is made on or after June 28, 1978, until the City Council further considers this moratorium on October 11, 1978. Building applications may be made, and will be filed of record.',i. but will not be pro- cessed nor permits issued during said period, nor will rights be vested in the underlying zoning for construction of said multiple family units. b. The moratorium is limited to only those struc- tures designed for eleven or more units in a single building structure. The moratorium shall not be applicable to structuresof ten units or less in a single structure irrespective of the number of such 10 units or fewer buildings that might be designed for a particular building site. C. The moratorium is applicable City -wide, irrespective of the underlying zoning. d. The moratorium is applicable to all types of multi - family residential units whether vertically or horizontally owned, rental units, condominium units, or otherwise. e. The City Clerk is directed to place on the agenda of the City Council at its regular public meeting on the 17th day of October, 1978, the expiration, reconsideration, and /or extension of this Resolution. - 7 - 5. Staff planning priority. All department heads of the City of Edmonds having expertise and administrative re- sponsibility for regulation of planning, development and building shall give immediate priority to the implementation and purpose of this Resolution along with Resolution No. 394. 6. Effective date. This Resolution further formal- izes and records in the City. Ordinance and Resolution Book that motion and order of the City Council made and entered following the conclusion of the public input at its regular public meeting of June 27, 1978 which is the effective date of the moratorium set forth herein above. APPROVED: r MAYOR, HARVE H. HARRISON AUTHENTICATED: CITY CLERK, IRENE&TARNEY MORAN FILED WITH THE CITY CLERK: July 6, 1978 PASSED BY THE CITY COUNCIL: July 11, 1978 MOM