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Ordinance 35760006.90000 WSS /gjz 11/30/05 ORDINANCE NO. 3576 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING 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 15.40.020(a)(2), PROVIDING FOR EXPIRATION, 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 deemed it to be in the public interest to enact a zoning moratorium by Ordinance 3530, and extended by Ordinance 3555, until such time as either a regular change in the City's Comprehensive Plan and zoning code is enacted or until such time as interim zoning measures clarifying the City's position could be enacted, and {WSS620667.DOC;1/00006.900000/} - I - WHEREAS, the original moratorium is about to expire, and following public hearing, the City Council deems it to be in the public interest to extend the moratorium noting its continuing good faith efforts to review alternatives regarding building height in the downtown area, 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 renewed 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.. 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 specifi- cally 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: MAY06Z GA HAAKENSON ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE {WSS620667.DOC;1/00006.900000/} - 2 - APPROVED AS TO FORM: OFFICE OF THE C Y ATTORNEY: BY )57 W. SCOTT SNYDER FILED WITH THE CITY CLERK: 12/02/2005 PASSED BY THE CITY COUNCIL: 12/06/2005 PUBLISHED: 12/11/2005 EFFECTIVE DATE: 12/16/2005 ORDINANCE NO. 3576 {WSS620667.DOC;1/00006.900000/} - 3 - SUMMARY OF ORDINANCE NO. 3576 of the City of Edmonds, Washington On the 6th day of December, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3576. 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 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 15.40.020(a)(2), PROVIDING FOR EXPIRATION, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 7th day of December, 2005. '4"e" /. L""�' CITY CLERK, SANDRA S. CHASE {WSS620667.DOC;1/00006.900000/} - 4 - 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 #3576- on ,AAAA4. J0 • City Clerk 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 36.70A.120, if a public hearing is held on such proposed actions. [ 1992 c 207 § 6.1 Affidavit of Publication STATE, OF WASHINGTON, S.S. COUNTY OF SNOHONIISH and that said newspaper was regularly distributed to its subscribers during all of said period. Yrmclpal Clerk Subscn ed and sworn to before me this 12th day of ecember, 2005 ABBE i3S164; • 1 N tary Pu tic in and for the State of Washin ton, �sidi • Evee,4ttt,- &noho>jsh j Cou ty. I (jt •' PUBLIC i Account Name: City of Edmonds Account Number: 101416 Order Number: 0001356968 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 SUMMARY OF ORDINANCE NO. 3576 Snohomish, and State of Washington; that said newspaper is a newspaper of general On the 6th day of December, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3576. A summary of circulation in said County and State; that said newspaper has been approved as a legal the content of said ordinance, consisting of the title, provides as follows: newspaper b order of the Superior Court of Snohomish County and that the notice Y P ty AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- T,LIN, EXTENDING A.ZONING MORATORIUM ON THE AP- Summary of Ordinance 3576 CATION OF ARCHITECTURAL DESIGN BOARD APPLI- RS ST LAW PRIORMF�1T MIAMI E NQ PERMIT APPLICATIONS, NOT Extending a Zoning Moratorium F THIS NA OF THIS ORDINANCE WHICH ULATED DESIGN IN ORDER Ton <HEIGHT. IN EXCESS OF .1H TWENTY =FIVE OUT HEIGHT LIMITATION ESTABLISFI�p'r City of Edmonds BY ECDC 15.40,020�a)(2), PROVIDING FOR EXPIRATION, AND FIXING A TIM WHEN THE SAME SHALL BECOME EFFECTIVE. Se o ' The fyll f this Ordinance will be mailed upon request: D�kT�Dihf7th day. of December, 2005. a printed copy of which is hereunto attached, was published in said newspaper proper and not CITY CLERK, SANDRA S. CHASE ablishedt�$C2fnber t.1, 2005. in supplement form, in the regular and entire edition of said paper on the following days and times, namely: December 11, 2005 and that said newspaper was regularly distributed to its subscribers during all of said period. Yrmclpal Clerk Subscn ed and sworn to before me this 12th day of ecember, 2005 ABBE i3S164; • 1 N tary Pu tic in and for the State of Washin ton, �sidi • Evee,4ttt,- &noho>jsh j Cou ty. I (jt •' PUBLIC i Account Name: City of Edmonds Account Number: 101416 Order Number: 0001356968