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Ordinance 35560006.90000 WSS /gjz 1/04/05 R:6/ 14 /05 /gj z ORDINANCE NO. 3556 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING A ZONING MORATORIUM ON THE APPLICATION OF ECDC 20.10.070(C)(3) RELATING TO THE IMPOSITION OF SPECIAL HEIGHT LIMITS TO PROTECT VIEWS, 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 {WSS589080.DOC;1 /00006.900000- Moratorium} - 1 - 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 it expected from new construction. Design professionals need to know in advance what standards will be acceptable in a, given community. It is unreasonable toe expect applicants to pay for repetitive revisions of plans in an effort to comply with unarticulated, unpublished "statements" ...It is equally unreasonable, and a deprivation of due process, to expect or allow a design review board ...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 enacted a moratorium on the application of ECDC 20.10.070 (C)(3) by Ordinance 3532, effective January 23, 2005 and due to expire July 28, 2005; and WHEREAS, despite its best efforts through repeated review and discussion, the City Council has been unable to formulate a new approach, and WHEREAS, a public hearing was held regarding the extension of the moratorium on June 21, 2005, and WHEREAS, the City Council deems it appropriate to extend the moratorium on the application of ECDC 20.10.070(C)(3) until such time as the terms have been defined or the {WSS589080.DOC;1 /00006.900000- Moratorium} - 2 - 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 extended on the application of ECDC 20.10.070(C)(3) relating to the imposition of special height limitations to protect views. 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. APPROV D. MA OR Y HAAKENSON ATTEST /AUTHENTICATED: C��PJ 7.ITY CLERK, SANDRA S. CHASE APPROVED AS TO ORM: OFFICE OF W TY A O Y• BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 06/17/2005 PASSED BY THE CITY COUNCIL: 06/21/2005 PUBLISHED: 06/27/2005 EFFECTIVE DATE: 07/02/2005 ORDINANCE NO. 3556 {WSS589080.DOC;1/00006.900000- Moratorium} - 3 - SUMMARY OF ORDINANCE NO. 3556 of the City of Edmonds, Washington On the 21St day of June, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3556. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING A ZONING MORATORIUM ON THE APPLICATION OF ECDC ,20.10.070(C)(3) RELATING TO THE IMPOSITION OF SPECIAL HEIGHT LIMITS TO PROTECT VIEWS, 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 22"d day of June, 2005. ITY CLERK, SANDRA S. CHASE {WSS589080.DOC;1 /00006.900000/} - 4 - 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 #3556 on Cl1y Clerk http: // search. mrsc .org /nxt/gateway.dll /rcw /rcw%20 %2036 %20 %20title /rcw%20 %2036 %20... 7/8/2005 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 3,6.70A.060, prior to such actions being taken in a comprehensive plan adopted under RCW 36.70A.070 and implementing development regulations adopted under RCW 36.70A.120, if a public hearing is held on such proposed actions. [1992 c 207 .§ 6.] http: // search. mrsc. org /nxtlgateway.dll /rcw /rcw%20 %203 6 %20 %20title /rcw %20 %203 6 %20... 7/8/2005 STATE OF 1VAS111NGTON, COUNTY OF SNOHONHSH SUMMARY OF ORDINANCE NO. 3556 On the 21 st day of J June, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3556. A summary of the fo meet of said ordinance, consisting of the title, provides as AN ORDINANCE OF THE CITY OF EDMONDS, WASHING TON, EXTENDING A ZONING MORATORIUM ON THE AP -' PLICATION OF ECDC 20.10.070fC1(3) RELATING TO THE IMPOSITION OF SPECIAL HEIGNHIT LIMITS TO PROTECT' VIEWS, ESTABLISHING AN EXPIRATION DATE AND FIX -' ING A TIME WHEN THE SAME SHALL 'BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 22nd day of June, 2005. Published: June 27,i 1005. CITY CLERK, SANDRA S. CHASE' -- -- — -- )A- --- 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. 3556 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: June 27, 2005 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this 27th day of June, 2005 Notary PSblic " nd fir the State of Washington, residing at Everett, County. `. ST" Y�41 NOTARY N ho ish PUBLIC NP 9 i 2008 OF WAS N \,N� Account Name: City of Edmonds Account Number. 101416 Order Number. 0001302818