Ordinance 36080006.90000
WSS /gjz
11/02/06
ORDINANCE NO. 3608
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 interpreted 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 has received the recommendations of its Planning
Board regarding changes to the Comprehensive Plan and zoning code which may address any or
all of these issues, but is in the midst of deliberations in a quasi-judicial proceeding and does not
want a frank discussion of the recommendations to appear to violate the Appearance of Fairness
Doctrine nor to discuss issues raised in the quasi-judicial proceeding outside of the context of
that decision, and
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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, 3576 and 3595 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
WHEREAS, the original moratorium is about to expire, and following public
hearing on November 6, 2006, 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.
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ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE C Y ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 3608
APPROVED:
MAY R GA Y HAAKENSON
11/03/2006
11/06/2006
11/12/2006
11/17/2006
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SUMMARY OF ORDINANCE NO. 3608
of the City of Edmonds, Washington
On the 6th day of November, 2006, the City Council of the City of Edmonds,
passed Ordinance No. 3608. 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 November, 2006.
CITY CLERK, SANDRA S. CHASE
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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 # 36a_e _ on
..A
C' y 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.]
Adopted by Reference
Ordinance #3"0 on 11-06 �b
City Clerk
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOIVIISH I S.S.
_
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk
�—
SUMMARY OF ORDINANCE NO.
of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
3608
o t e qttyy o mon s, as in on
On the 6th day of November,
Snohomish, and State of Washington; that said newspaper is a newspaper of general
2006, the Cl y Council of the
City of Edmonds, passed Ordinance No. 3608. A summary
the content of
circulation in Said County and State; that said newspaper has been approved as a legal
of
said ordinance, consisting of the title, provides
as to 110 ws:
newspaper by order of the Superior Court of Snohomish County and that the notice
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, EXTENDING A ZONING MORATOR-
IUM ON THE ACCEPTANCE OF ARCHITECTURAL
Summary of Ordinance No. 3608
DE-
A PLICATIONS APPLICATIONS OTHERWISE IVESTED EPUR-
SUANT TO STATE LAW PRIOR TO
Extendin g a Zoning Moratorium
DATE OF ENACT-
MENT OF THIS ORDINANCE WHICH SEEK TO UTI.
LIZE MODULATED DESIGN
IN ORDER TO OBTAIN A
BUILDING HEIGHT IN EXCESS OF THE TWENTY -
FIVE FOOT HEIGHT
)LIMITATION ESTABLISHED BY
TION, AND4FIXINGAIA TIME WHEN
BECOME EFFECTIVE HE SAME SHALL
The full text of this Ordinance
a printed Copy of which is hereunto attached, was published in said newspaper proper and not
will be mailed upon request.
DATED this 7th day of November, 2006.
in supplement form, in the regular and entire edition of said paper on the following days and
CSttAyNDRA Clerk S. CHASE
Published_ : N_ove_m_be_r 12, 2006
times, namely:
- - -- - - --
November 12, 2006
RE 1 1r ED
NOV 2®
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and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this
day of November, 2006
County.
and for the State of Washington,
13th
NOTARY
at E erett,l�rjQ;h
9- 17-2008
7
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Account Name: City of Edmonds Account Number. 101416 Order Number. 0001455081