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Ordinance 36000006.90000 WSS /gjz 6/14/06 ORDINANCE NO. 3600 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ENACTING A ZONING MORATORIUM IN THE EXERCISE OF THE POWERS AUTHORIZED BY RCW 36.70A.390 REGARDING APPLICATIONS TO REZONE OR OTHERWISE DEVELOP PROPERTIES PURSUANT TO ECDC CHAPTER 16.77 MPOR ZONE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has previously enacted by Ordinance No. 3581 a moratorium on applications to rezone, contract rezone, or otherwise develop properties pursuant to Chapter 16.77, MPOR zone; and WHEREAS, said ordinance is due to expire and the City Council has not yet received the recommendation of its Planning Board; and WHEREAS, the Planning Board has scheduled discussion on the MPOR zone criteria for its June 28, 2006 meeting with a tentative public hearing scheduled on July 12, 2006; and WHEREAS, the Planning Board is moving diligently to prepare new zoning criteria in light of the provisions of the existing zone; and and WHEREAS, a public hearing was held on June 20, 2006 regarding said extension; WHEREAS, the City Council deems it to be in the public interest to enact a moratorium pursuant to and subject to the limitations contained in RCW 36.70A.390, NOW, THEREFORE, (WSS634146.DOC;1/00006.900000/) - 1 - THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A zoning moratorium is hereby enacted extending the moratorium previously imposed by Ordinance No. 3581, with regarding to applications to rezone, contract rezone or otherwise develop properties pursuant to the provisions of Chapter 16.77 ECDC relating to the MPOR zone. Section 2. In accordance with state law, a public hearing was held before the Edmonds City Council on June 20, 2006 regarding this moratorium. The City Council hereby adopts for its findings and conclusions the provisions set forth in the legislative findings referenced above. 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. APPROVED: MAY GA P AAKENSON ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER {WSS634146.DOC;1/00006.900000/} - 2 - FILED WITH THE CITY CLERK: 06/16/2006 PASSED BY THE CITY COUNCIL: 06/20/2006 PUBLISHED: 06/25/2006 EFFECTIVE DATE: 06/30/2006 ORDINANCE NO. 3600 {WSS634146.DOC;1/00006.900000/} -3 - SUMMARY OF ORDINANCE NO. 3600 of the City of Edmonds, Washington On the 20th day of June, 2006, the City Council of the City of Edmonds, passed Ordinance No. 3600. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ENACTING A ZONING MORATORIUM IN THE EXERCISE OF THE POWERS AUTHORIZED BY RCW 36.70A.390 REGARDING APPLICATIONS TO REZONE OR OTHERWISE DEVELOP PROPERTIES PURSUANT TO ECDC CHAPTER 16.77 MPOR ZONE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 21st day of June, 2006. ITY CLERK, SANDRA S. CHASE {WSS634146.DOC;1/00006.900000/} - 4 - 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.] Adopted by Reference Ordinance #3600 on 6 -a0 -06 Ci Clerk Affidavit of Publication STATE OF WASHINGTON, S.S. COUNTY OF SNOHONHSH Subscribed and sworn to before me this 26th day of June, 2006 JUN 2 9 2006 ^'Ry c Notary Public in fo the State of Washington, residing Me t _ S Y0 0 60 EDMONDS CITY CLERK County. y> ? -2008 wA SMNG�� Account Name: City of Edmonds Account Number. 101416 Order Number. 0001413295 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 --- SUMMARY OF ORDINANCE NO. 3600 circulation in said County and State; that said newspaper has been approved as a legal ° t e N ° mon s, atsy mgton June, newspaper by order of the Superior Court of Snohomish County and that the notice of Edmonds passed Ordinance nnce No 36ob. q °s mmaryrythe Cl a content of.seid ordinance, consisting 6 the title, follows: Summary of Ordinance No. 3600 provides as AN ORDINANCE OF THE CITY OF EDMONDS, WASHING -' TON, ENACTING A ZONING MORATORIUM IN THE EXER CISE OF THE City of Edmonds -j POWERS AUTHORIZED BY RCW 36.70A.390 REGARDING APPLICATIONS TO REZONE OR OTHERWISE DEVELOP PROPERTIES PURSUANT TOI FIXING A TIME WHEN THE SAMEISHALL BECOME E FECTIVE. The full text of this Ordinance will be mailed upon ' request. DATED this 21st day of June, 2006. a printed copy of which is hereunto attached, was published in said newspaper proper and not Published: June 25, 2006 CITY CLERK, SANDRA S. CHASE in supplement form, in the regular and entire edition of said paper on the following days and -- — — — -- - -- - — times, namely: June 25, 2006 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this 26th day of June, 2006 JUN 2 9 2006 ^'Ry c Notary Public in fo the State of Washington, residing Me t _ S Y0 0 60 EDMONDS CITY CLERK County. y> ? -2008 wA SMNG�� Account Name: City of Edmonds Account Number. 101416 Order Number. 0001413295