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Ordinance 3806ORDINANCE NO. 3806 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RENEWING INTERIM ZONING ORDINANCE NO. 3787, WHICH ALLOWED CLOSED RECORD ADMINISTRATIVE APPEAL OF PRELIMINARY PRD DECISION AND ELIMINATED OVERLAP OF PERIMETER BUFFERS AND SETBACKS FOR EXTERIOR LOT LINES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, RCW 36.70A.390 and 35A.63.220 authorize and permit cities to adopt and renew interim zoning regulations provided that certain conditions are met; and WHEREAS, interim ordinance no. 3787 was adopted by the City to allow closed record administrative appeal of preliminary PRD decision and to eliminate overlap of perimeter buffers and setbacks for exterior lot lines on an interim basis until the Edmonds Planning Board could thoroughly review and recommend to the City Council a set of permanent regulations; and WHEREAS, despite its diligence, the Edmonds Planning Board has not been able to finalize its review and recommendation on the issue; and WHEREAS, the Planning Board estimates that a period not to exceed six months is necessary to complete its review and recommendation; and WHEREAS, the City Council held a public hearing on renewal of interim ordinance no. 3787 on August 16, 2010, and after considering all testimony received, determined to renew said interim ordinance as provided herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: {BFP808628.DOC;1 \00006.900150\ } - 1 - Section 1. Findings. The City Council hereby makes the following findings in support of renewing interim ordinance no. 3787: a) The findings as set forth in the "WHEREAS" clauses of the instant interim ordinance are adopted and incorporated herein by this reference. b) All findings by the City Council in support of interim ordinance no. 3787 are adopted and incorporated herein by this reference. Section 2. Interim ordinance no. 3787, which was originally adopted on April 6, 2010, is hereby renewed and made effective through April 6, 2011, unless sooner repealed, replaced by permanent regulations or renewed by a subsequent ordinance. Section 3. Planning Board Work Plan. The Edmonds Planning Board is directed to continue and complete its review of interim ordinance no. 3787, to conduct such public hearings as may be necessary or desirable, and to make a recommendation on a set of final regulations to replace interim ordinance no. 3787. The Planning Board should forward its recommendation to the City Council in sufficient time for the City Council to consider and take action prior to April 6, 2011 when interim ordinance no. 3787 is set to expire. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. 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. (BFP808628.DOC;1 \00006.900150\ ) - 2 - APPROVED: MAYOR MIKE COOPER ATTEST /AUTHENTICATED: �'d,l,� ez.. ' CITY CLERK, SANDRA S. CHASE APPROVED AS T 605; M: OFFICE OF O EY BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 08 -13 -2010 PASSED BY THE CITY COUNCIL: 08 -16 -2010 PUBLISHED: 08 -22 -2010 EFFECTIVE DATE: 08 -27 -2010 ORDINANCE NO. 3806 (BFP808628.DOC;1 \00006.900150\ ) - 3 - SUMMARY OF ORDINANCE NO. 3806 of the City of Edmonds, Washington On the 16th day of August, 2010, the City Council of the City of Edmonds, passed Ordinance No. 3806. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RENEWING INTERIM ZONING ORDINANCE NO. 3787, WHICH ALLOWED CLOSED RECORD ADMINISTRATIVE APPEAL OF PRELIMINARY PRD DECISION AND ELIMINATED OVERLAP OF PERIMETER BUFFERS AND SETBACKS FOR EXTERIOR LOT LINES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 17th day of August, 2010. CITY CLERK, SANDRA S. CHASE {BFP808628. DOC; 1 \00006.900150\ 1 - 4 - STATE OF WASHINGTON, COUNTY OF SNOHOMISH SUMMARY OF ORDINANCE NO. 3806 of the City of Edmonds, Washington �9c. 189 On the 16th day of August, 2010, the City Council of the City of Edmonds, passed Ordinance No. 3806. A summary of the content of said ordinance, consisting of the title, pprovides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, RENEWING INTERIM ZONING ORDINANCE NO. 3787, WHICH ALLOWED CLOSED RECORD ADMINISTRA- TIVE APPEAL OF PRELIMINARY PRD DECISION AND ELIMINATED OVERLAP OF PERIMETER BUFFERS AND SETBACKS FOR EXTERIOR LOT LINES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. WJED this 17th day of August, 2010. CITY CLERK, SANDRA S. CHASE Published: August 22, 2010- C.vr- 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 Courtof Snohomish County and that the notice Ordinance No. 3806 Renewing Interim Zoning Ordinance No 3787 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: August 22, 2010 and that said newspaper was regularly distributed to Subscribed and sworn to before me this day of August, 2010 Notary Public in and County. Account Name: City of Edmonds Account Number: r _...-1 16 ibers during all of said period. Principal Clerk 23rd at rett, Snohomish 0 s k9er Number. 0001708025