Ordinance 4254ORDINANCE NO.4254
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
EXTENDING THE MORATORIUM ON THE ACCEPTANCE OF
BUILDING PERMIT APPLICATIONS FOR BD2 ZONED LOTS THAT
DO NOT FRONT ON A DESIGNATED STREET FRONT AS IMPOSED
BY ORDINANCE 4247 AND EXTENDED BY ORDINANCE 4253.
WHEREAS, the Edmonds Community Development Code identifies certain portions of
certain streets in the Downtown Business (BD) zones as designated street fronts; and
WHEREAS, pursuant to ECDC 16.43.030.B.2, Map 16.43-1 shows the streets that define
the designated street front for all properties lying within the BD zones; and
WHEREAS, the development regulations in the Downtown Business (BD) zones can
vary depending upon whether the subject property fronts on a designed street front; and
WHEREAS, there is concern that the existing development regulations in the BD2 zone
may not regulate proposed development in a manner that would produce development projects
that reflect community values or that was intended by the previous city councils; and
WHEREAS, this concern was proposed to be addressed, initially, through the adoption of
interim zoning regulations; and
WHEREAS, city staff drafted interim zoning regulations to address this concern; and
WHEREAS, those interim zoning regulations have been presented to the city council for
consideration; and
WHEREAS, RCW 36.70A.390 authorizes the city council to adopt an immediate
moratorium for a period of up to six months without holding a public hearing on the proposal
provided that a public hearing is held within at least sixty days of its adoption; and
WHEREAS, the city council adopted Ordinance 4247 to impose a two -month
moratorium on the acceptance of building permit applications for any property in the BD2 zone
that does not front on a designated street front; and
WHEREAS, a public hearing on the moratorium was held on April 5, 2022; and
WHEREAS, the moratorium was originally scheduled to expire on April 15, 2022; and
WHEREAS, the moratorium was extended through April 21, 2022 by virtue of Ordinance
4253; and
WHEREAS, having considered the matter and having heard from the public, the city
council is directing that additional work be done on the interim regulations for BD2; and
WHEREAS, a second short extension of the moratorium would allow city staff to draft
an interim zoning ordinance to extend the designated street front in lieu of the interim design
standards that staff had originally prepared for council review on April 5, 2022 and April 19,
2022; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS
FOLLOWS:
Section 1. Moratorium Extended. The moratorium imposed by Ordinance 4247 and
extended by Ordinance 4253 is hereby further extended to remain in effect through May 19,
2022.
Section 2. SeveraIf any section, sentence, clause or phrase of this ordinance
should be held to be unconstitutional or unlawful 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 3. Declaration of Emergency. This ordinance, being an exercise of a power
specifically delegated to the city council, is not subject to referendum. Because it is not subject to
referendum, RCW 35A.12.130 applies. Pursuant to RCW 35A.12.130, this ordinance shall take
effect immediately upon passage by a majority vote plus one of the whole membership of the
city council. The city council hereby declares that an emergency exists necessitating that this
ordinance take immediate effect. Without an immediate extension of the moratorium on the
city's acceptance of the building permit applications described herein, such applications could
become vested, leading to the development of property that is not consistent with the city's
values and vision for the BD2 zone. Therefore, the moratorium must be extended as an
emergency measure to protect the public health, safety, and welfare, and to prevent the
2
submission of building permit applications to the city in an attempt to vest rights. This ordinance
does not affect any existing vested rights.
Section 4. Publication. This ordinance shall be published by an approved summary
consisting of the title.
Section 5. Effective Date. This ordinance is not subject to referendum and shall take
effect and be in full force and effect immediately upon passage, as set forth herein, as long as it
is approved by a majority plus one of the entire membership of the Council, as required by RCW
35A.12.130. If it is only approved by a majority of the Council, it will take effect five days after
passage and publication.
APPRO
MAYOR )Oil KE NELSON
ATTEST/AUTHE ATED:
CL RK,SCO SEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARAD Y
FILED WITH THE CITY CLERK: April 19, 2022
PASSED BY THE CITY COUNCIL: April 19, 2022
PUBLISHED: April 22, 2022
EFFECTIVE DATE: April 27, 2022
ORDINANCE NO. 4254
SUMMARY OF ORDINANCE NO. 4254
of the City of Edmonds, Washington
On the 19t" day of April, 2022, the City Council of the City of Edmonds, passed Ordinance No.
4254. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, EXTENDING THE MORATORIUM ON THE
ACCEPTANCE OF BUILDING PERMIT APPLICATIONS FOR
BD2 ZONED LOTS THAT DO NOT FRONT ON A
DESIGNATED STREET FRONT AS IMPOSED BY
ORDINANCE 4247 AND EXTENDED BY ORDINANCE 4253.
The full text of this Ordinance will be mailed upon request.
DATED this I9t" day of April, 2022.�
Y CLERK, SCO ASSEY
4
Everett Daily Herald
Affidavit of Publication
State of Washington }.
County of Snohomish } ss
Michael Gates being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a trite copy of ED11953032 ORDINANCE 4254
as it was published in the regular and entire
issue of said paper and not as a supplement
form thereof for a period of 1 issuc(s), such
publication commencing on 04/22/2022 and
ending on 04/22/2022 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amount the fee for s h publication is
525.80.
Subscribed nd sworn
�% _ day of
be me on this
NottYry Public in and for the State of
Washington.
City of Edmonds - LEGAL ADS 1 14101416
SCOITPASSCY
Linda Phillips r
Notary Pu IIC
State of Washington t
My Appointment Expires 812912025
Commission Number 4417
Classified Proof
ORDINANCE SUMMARY
of the city d! Edmonds. washliripm
OA She ISth day of April, 20x2. In! CRy ee."C'l of the City of
Edmonds, pas�ad Shy following Ordinance, the summary of said
ordmsnco wn 1dhgof tit is provided as follows:
ORDINANCE HO. 425d
AN ORDINANCE OFDS. WASHINGTON.
EXTENDING THE MORATORIUM ON THE ACCEPTANCE OF
BUILDING PERMIT APPUCATiONs FOR BD2 ZONED LOTS
THAT DO NOT FRONT ON A DESIGNATEO STRSET FRONT AS
imposED BY ORDINANCE 4247 AND EXTENDED BY
ORDINANCE 425d.
CI DATED ER , S OT oI April, 2022.
CITY CLERK, SCOTT PASSEY
Published: April 22. 2022. EDR953032
Proofed by Phillips, Linda, 04/22/2022 01:40:13 pm Page: 2