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Ordinance 35300006.90000 WSS /gjz 1/04/05 ORDINANCE NO. 3530 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A ZONING MORATORIUM ON THE ACCEPTANCE OF ARCHITECTURAL DESIGN BOARD APPLICATIONS OR BUILDING PERMIT APPLICATIONS, NOT OTHERWISE VESTED PURSUANT TO STATE LAW PRIOR TO DATE OF ENACTMENT OF THIS ORDINANCE, WHICH SEEK TO UTILIZE MODULATED DESIGN. IN ORDER TO OBTAIN A BUILDING HEIGHT IN EXCESS OF THE TWENTY -FIVE FOOT HEIGHT LIMITATION ESTABLISHED BY ECDC 16.50.020(A)(2), SETTING A PUBLIC HEARING THEREON WITHIN SIXTY DAYS, 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 interprets certain provisions of City ordinance in a manner different than they have been historically and consistently applied by the City, 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 is awaiting the recommendations of its Planning Board regarding changes to the Comprehensive Plan and zoning code which may address any or all of these issues, and WHEREAS, the City Council deems it to be in the public interest to enact a zoning moratorium until such time as either a regular change in the City's Comprehensive Plan {WSS589080.DOC;1 /00006.900000/} - 1 - and zoning code is enacted or until such time as interim zoning measures clarifying the City's position may be enacted, 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 enacted on the receipt of applications of Architectural Design Board approval or building permit approval for projects, not otherwise vested pursuant to state law or City ordinance, which seek to utilize the provisions of ECDC 16.50.020(A)(2) in order to obtain a height limit in excess of twenty -five feet based in whole or in part upon modulated building design. Section 2. Pursuant to the requirements of state statute, a public hearing on this moratorium is hereby set for the 18th day of January, 2005, such hearing date being within sixty days of the adoption of this moratorium. Section 3. 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 4. 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. APPROVED: mA R'CffY HAAKENSON {WSS589080.DOC;1 /00006.900000/} - 2 - ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF Y ATT RN. Y: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 01/04/2005 PASSED BY THE CITY COUNCIL: 01/04/2005 PUBLISHED: 01/06/2005 EFFECTIVE DATE: 01/11/2005 ORDINANCE NO. 3530 {WSS589080.DOC;1 /00006.900000/} - 3 - SUMMARY OF ORDINANCE NO. 3530 of the City of Edmonds, Washington On the 4th day of January, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3530. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A ZONING MORATORIUM ON THE ACCEPTANCE OF ARCHITECTURAL DESIGN BOARD APPLICATIONS OR BUILDING PERMIT APPLICATIONS, NOT OTHERWISE VESTED PURSUANT TO STATE LAW PRIOR TO DATE OF ENACTMENT OF THIS ORDINANCE, WHICH SEEK TO UTILIZE MODULATED DESIGN IN ORDER TO OBTAIN A BUILDING HEIGHT IN EXCESS OF THE TWENTY -FIVE FOOT HEIGHT LIMITATION ESTABLISHED BY ECDC 16.50.020(A)(2), SETTING A PUBLIC HEARING THEREON WITHIN SIXTY DAYS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 5th day of January, 2005. ITY CLERK, SANDRA S. CHASE {wss589080.DOC;1i00006.900000i} - 4 - Page 1 of 1 RCW 36.70A.39O 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 36.7OA.O60, prior to such actions being taken in a comprehensive plan adopted under RCW 36.7OA.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.] Adopted by Reference Ordinance #_3530 on City Clerk http:// search .mrsc.orglnxtlgateway.dlllrcw /rcw %20 %2036 %20 %2Otitle /rcw %20 %2036 %20... 2/8/2005 Page 1 of 1 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 § 4.1 Adopted by Reference Ordinance # 3530 on 1-1t,05 Oliy Clerk http: // search. mrsc. org /nxt/gateway.dll /rcw /rcw %20 %203 6 %20 %20title /rcw %20 %2036 %20... 2/8/2005 RECEIVED JAN 1 12005 EDMONDS CITY CLERK 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: January 06, 2005 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this day of January, 2005 6th S p/ Notary Public in a r t e State of Washington, residing at County. (P 2008 Account Name: City of Edmonds Account Number. 101416 Order Number: 0001247081 Affidavit of Publication STATE OF WASHINGT O N, COUNTY OF SNOHOMISH S.S. SUMMARY OF ORDINANCE NO. 3530 o t e ity o mon s, as mgton On the 41h day of January, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3530. A summary of 'the content of said ordinance, consisting of the title, provides The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk as follows: of THE HERALD, a daily newspaper printed and published in the City of Everett, County of �AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, ADOPTING A ZONING MORATORIUM ON THE AC- Snohomish, and State of Washington; that said newspaper is a newspaper of general CEPTANCE OF ARCHITECTURAL DESIGN BOARD AP- PLICATIONS OR BUILDING PERMIT APPLICATIONS, NOT circulation in said County and State; that said newspaper has been approved as a legal ty PP g OTHERWISE VESTED PURSUANT TO STATE LAW PRIOR TO DATE ENACTMENT newspaper by order of the Superior Court of Snohomish County and that the notice M MODULATED ORDER TO .SEEK UTILI EODULA D D SGN OBTAIN A BUILDING HEIGHT IN EXCESS OF THE Summary of Ordinance No. 3530 TWENTY -FIVE FOOT HEIGHT LIMITATION ESTABLISHED 1BY ECDC 16.50.020(A)(SETTING A PUBLIC HEARING WITHIN Sff DAYS, AND FIXING A TIME Cit of Edmonds y THEREON WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance be mailed upon request. ` rryywill DATED this 5th dayCITY CLERK, SANDRA S. CHASE Published: January 6, 2005. RECEIVED JAN 1 12005 EDMONDS CITY CLERK 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: January 06, 2005 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this day of January, 2005 6th S p/ Notary Public in a r t e State of Washington, residing at County. (P 2008 Account Name: City of Edmonds Account Number. 101416 Order Number: 0001247081