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Ordinance 35770006.90000 WSS /gjz 11/30/05 ORDINANCE NO. 3577 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 {WSS620669.DOC;1/00006.900000/} - 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 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unreasonable to expect applicants to pay for repetitive revisions of plans in an effort to comply with unarticulated, unpublished "statements" ...It is equally unreasonable, and a deprivation of due process, to expect or allow a design review board ...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 enacted a moratorium on the application of ECDC 20.10.070 (C)(3) by Ordinance 3532 and extended by Ordinance 3556; 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 December 6, 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 Council deems it to be in the public interest to repeal said provision, thereby assuring compliance with Anderson v. Issaquah, NOW, THEREFORE, {WSS620669.DOC;1/00006.900000/} - 2 - 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. ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF E T A O EY BY W. SCOTT SNYDER APPROVE MA74 GA HAAKENSON 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. 3577 {WSS620669.DOC;1/00006.900000/} -.3 - SUMMARY OF ORDINANCE NO. 3577 of the City of Edmonds, Washington On the 6th day of December, 2005, the City Council of the City of Edmonds, passed Ordinance No.3577. 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 7th day of December, 2005. CITY CLERK, SANDRA S. CHASE (WSS620669.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 # 3577 on 47-6 OS 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.] STATE OF WASHINGTON, COUNTY OF SNOHOMISH SUMMARY OF ORDINANCE NO. 3577 o the qdtyy o Edmonds, Washington On the 6th day of 6ecember, 2005, the City Council of the C ty of Edmonds, passed Ordinance No. 3577 A summary of the content of said ordinance, consisting of the title, provides as follows: 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 HEIGHHTT 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 7th day of December, 2005. CITY CLERK, SANDRA S. CHASE Published: December 11, 2005. 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. 3577 Extending a Zoning Moratorium 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: December 11, 2005 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this 12th % � OFWASOX�= Account Name: City of Edmonds Account Number. 101416 NVbittlit'r 0001356970