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Ordinance 34880006.90000 WSS /gjz 2/12/04 R:2 /18 /049jz R:2 /25 /040z ORDINANCE NO. 3488 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING PURSUANT TO RCW 35A.63.220 AN INTERIM ZONING REGULATION CLARIFYING THE APPLICATION OF ROOF HEIGHT ABOVE TWENTY -FIVE (25) FEET AS A PART OF, MODULATED ROOF AND BUILDING DESIGN, VESTING CERTAIN APPLICATIONS IN PROCESS, ESTABLISHING A PUBLIC HEARING DATE WITHIN SIXTY (60) DAYS OF THE ADOPTION OF THIS ORDINANCE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the current language of the site development table contained in ECDC 16.50.020, Note 2, was originally intended to permit only modulated roof design above the existing 25 -foot height limit; and WHEREAS, certain ambiguities in the existing language, coupled with the requirement that any such ambiguity be interpreted in favor of the exercise of the property owners' common law property rights, and a consistent method of application and interpretationof the provision by the City staff, Architectural Design Board and City Council, have resulted in a proliferation of flat roofs and vertical parapet walls above the 25 -foot height limitation and in contradiction of the intent of the City Council, and WHEREAS, the City Council deems it appropriate to adopt an interim zoning ordinance in order to clarify the original intent of the provisions for modulated roof and building design, and {WSS563354.DOC;1/00006.900000/} I WHEREAS, the City Council deems it appropriate to permit continued processing of applications filed on or before the date of adoption of this interim zoning regulation to, but only to, the extent such applications clearly and unanimously request the use of vertical parapet walls or flat roofs above the 25 -foot height limitation on an application for design review and would not otherwise be vested under the provisions of City ordinance and State law, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. An interim zoning ordinance is hereby adopted amending the provisions of ECDC 16.50.020 Site Development Standards (A) Table, Note 2, to read as follows: 16.50.020 Site development standards. A. Table. 2. Roof may only extend 5 feet above the stated height limit if all portions of the roof above the state height are modulated in design and are designed as a hip, gable, arch, shed or other similar roof form (see illustrations). Vertical parapet walls or flat roofs with a pitch of less than three in twelve are not allowed to protrude above the 25 -foot height limit unless they are part of an approved modulated roof and building design. Section 2. The provisions of the interim zoning ordinance shall apply to any and all applications for architectural design review finally approved by the City. Council or Architectural Design Board on or before the effective date of this ordinance. Approved projects shall be considered vested to the extent which such project incorporates a vertical parapet wall or flat roof with a pitch of less than three in twelve which protrudes above the 25 -foot height limitation and is clearly shown on the application and approval by either clearly and {WSS563354.D0C;1/00006.900000/} 2 unambiguously delineating the intrusion in a scale drawing or is clearly and unambiguously set forth within the text of the application and approval. All other aspects of the building, project or structure shall vest in accordance with ECDC 19.00.110 and RCW 19.27.095. Section 3. Pursuant to the requirements of RCW 35A.63.220, a public hearing is hereby set on March 16, 2004, at 7:00 PM or as soon thereafter as this matter may be heard in the City Council Chambers of the City of Edmonds at 1215 th Avenue North, Edmonds, WA. Section 4. 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. ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF H I Y Y: BY ay�k--- W. SCOTT SNYDER FILED WITH THE CITY CLERK: 02/20/2004 PASSED BY THE CITY COUNCIL: 02/24/2004 PUBLISHED: 02/29/2004 EFFECTIVE DATE: 03/05/2004 ORDINANCE NO. 3488 {WSS563354.DOC;1/00006.900000/} 3 SUMMARY OF ORDINANCE NO. 3488 of the City of Edmonds, Washington On the 24th day of February, 2004, the City Council of the City of Edmonds, passed Ordinance No. 3488. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING PURSUANT TO RCW 35A.63.220 AN INTERIM ZONING REGULATION CLARIFYING THE APPLICATION OF ROOF HEIGHT ABOVE TWENTY -FIVE (25) FEET AS A PART OF MODULATED ROOF AND BUILDING DESIGN, VESTING CERTAIN APPLICATIONS IN PROCESS, ESTABLISHING A PUBLIC HEARING DATE WITHIN SIXTY (60) DAYS OF THE ADOPTION OF THIS ORDINANCE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 25th day of February, 2004. CITY CLERK, SANDRA S. CHASE { WSS563354.DOC;1 /00006.900000/} 4 Page 1 of 1 RCW 35.A.63.220 Moratoria, interim zoning controls -- Public hearing -- Limitation on length. A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the legislative body received a recommendation on the matter from the planning agency. If the legislative body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall do so immediately after this public hearing. A moratorium or interim zoning ordinance 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 of interim zoning ordinance 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 § 3.] Adopted by Reference Ordinance #3 ffe on a4Y 0� City Clerk http: // search. mrsc. org /nxtlgateway.dll /rcw /rcw%20 %203 5a %20title /rcw%20 %203 5a. %206... 3/8/2004 Affidavit of Publication STATE OF WASHINGTON, } S.S. COUNTY OF SNOHOMISH SUMMARY_OF ORD.INANCE.NO._3488 of the City of Edmonds, Washington On the 24th day of February, 2004, the City Council of the City of Edmonds, passed Ordinance No. 3488. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, ADOPTING PURSUANT TO RCW 35A.63.220 AN IN- TERIM ZONING REGULATION CLARIFYING THE APPLICA- TION OF ROOF HEIGHT ABOVE TWENTY -FIVE (25) FEET AS A PART OF MODULATED ROOF AND BUILDING DE- SIGN, VESTING CERTAIN APPLICATIONS IN PROCESS, ESTABLISHING A PUBLIC HEARING DATE WITHIN SIXTY ((60 DAYS OF THE ADOPTION OF THIS ORDINANCE, AN% FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 25th day of February, 2004. CITY CLERK, SANDRA S. CHASE Published: February 29, 2004. .RECEIVED ;4 MAR 0 8 2004 EDMONDS CI Y,CLERK Account Name: City of Edmonds 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 City of Edmonds Summary of Ordinance No. 3488 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: February 29, 2004 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and swom to before me this day of March, 2004 Notary Public in and for the S e o County. Account Number: 101416 1st �_•.���SSIOA� 'OUgLIC 'F '`�29 -07 I tt'toF wASH� C` Order Number. 0001138929