Ordinance 35320006.90000
WSS /gjz
1/04/05
ORDINANCE NO. 3532
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A ZONING MORATORIUM ON
THE APPLICATION OF ECDC 20.10.070(C)(3) RELATING TO
THE IMPOSITION OF SPECIAL HEIGHT LIMITS TO
PROTECT VIEWS, SETTING A PUBLIC HEARING THEREON
WITHIN SIXTY DAYS, ESTABLISHING AN EXPIRATION
DATE, 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 staff and Architectural Design Board,
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 court in Bauer interpreted the term "view" as utilized in ECDC
20.10.070(C)(3) to include a view of the sky, and
WHEREAS, the City staff and Architectural Design Board have consistently
interpreted the word "view" to exclude "shadowing," that is, the architectural concept that a
structure may block sunlight and limit the sky, and
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WHEREAS, the City is under the obligation in its architectural design process to
meet the following standard:
Clearly, however, aesthetic standards are an appropriate
component of land use governance. Whenever a community
adopts such standards they can and must be drafted to give clear
guidance to all parties concerned. Applicants must have an
understandable statement of what is expected from new
construction. Design professionals need to know in advance what
standards will be acceptable in a given community. It is
unreasonable to expect applicants to pay for repetitive revisions of
plans in an effort to comply with unarticulated, unpublished
"statements" ...It is equally unreasonable, and a deprivation of due
process, to expect or allow a design review board ... to create
standards on an ad hoc basis, during the design review process.
Anderson v. Issaquah, 71 Wash. App. 64, 82 -83 (Div. I, 1992)
WHEREAS, the provisions of ECDC 20.10.070(C)(3) do not contain definitions
of the word "view," "substantial blockage," nor "surrounding properties," and such terms are
utilized in the sections regarding a special height limit should substantial view blockage occur,
and
WHEREAS, the City Council deems it appropriate to impose a moratorium on the
application of ECDC 20.10.070(C)(3) until such time as the terms have been defined or the
Council deems it to be in the public interest to repeal said provision, thereby assuring compliance
with Anderson v. Issaquah, 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 application of ECDC 20.10.070(C)(3) relating to the
imposition of special height limitations to protect views.
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Section 2. 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 3. 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.
APPROVE
MAY^ 60Y HAAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AST ORM-
OFFICE OF H TY O
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 01/14/2005
PASSED BY THE CITY COUNCIL: 01/18/2005
PUBLISHED: 01/23/2005
EFFECTIVE DATE: 01/28/2005
ORDINANCE NO. 3532
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SUMMARY OF ORDINANCE NO. 3532
of the City of Edmonds, Washington
On the 18th day of January, 2005, the City Council of the City of Edmonds,
passed Ordinance No. 3532. 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 APPLICATION OF ECDC 20.10.070(C)(3) RELATING TO THE
IMPOSITION OF SPECIAL HEIGHT LIMITS TO PROTECT VIEWS, SETTING A PUBLIC
HEARING THEREON WITHIN SIXTY DAYS, ESTABLISHING AN EXPIRATION DATE,
AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 19th day of January, 2005.
CITY CLERK, SANDRA S. CHASE
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Page 1 of 1
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 3 6.70A. 120. if
a public hearing is held on such proposed actions.
[1992 c 207 § 6.]
Adopted by Reference
Ordinance #-153 /1-L— o�n6
4 Clerk
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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.]
Adopted by Reference
Ordinance #._ 5532 on
ity Clerk
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STATE; OF WASHINGTON,
COUNTY OF SNOHONHSH
SUMMARY OF ORDINANCE NO. 3532
Co the City o mon s, as mgton
On the 18th day of January, 2005, the City Council of the
City of Edmonds, passed Ordinance No. 3532. A summary of
the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
TON, ADOPTING A ZONING MORATORIUM ON THE AP-
PLICATION OF ECDC 20.10.070ff3) RELATING TO THE
IMPOSITION OF SPECIAL HEIGHT LIMITS TO PROTECT
VIEWS, SETTING A PUBLIC HEARING THEREON WITHIN
SIXTY DAYS, ESTABLISHING AN EXPIRATION DATE,
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request. .
DATED this 19th day of January, 2005.
CITY CLVRK, SANDRA S. CHASE
Published: January 23, 2005.
RECEIVED
JAN 2 8 2005
EDMONDS CITY CLERK
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. 3532
City of Edmonds
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 23, 2005
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this 24th
day of January, 2005��
Notary I
County.
A.-
the State of Washington, residing at Iferetif SnohotJTis Y cmn C
Account Name: City of Edmonds Account Number: 101416
cs` aD08
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Order Number. 0001252069,