Ordinance 358200006.900000
WSS /amg
01/31/2006
ORDINANCE NO. 3582
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A ZONING MORATORIUM ON
THE ISSUANCE OF DEVELOPMENT PERMITS FOR
CERTAIN USES IN THE CG AND CG -2 ZONE, SETTING A
DATE FOR A PUBLIC HEARING, PROVIDING FOR ITS
EXPIRATION, DECLARING AN EMERGENCY AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City Council adopted Ordinance No. 3558 on August 2, 2005, a
zoning moratorium on the issuance of development permits for certain uses in the CG and CG -2
Zone, and
WHEREAS, Ordinance No. 3558 expired on February 2, 2006; and
WHEREAS, the Planning Board's Extended Agenda is such that they require
additional time to conclude their work on this issue; and
Council, and
WHEREAS, the City's Highway 99 Task Force has made its report to the City
WHEREAS, the report emphasizes that CG and CG -2 zones along Highway 99
provide an important revenue tax base for the City and should be the site of potential economic
growth, and
WHEREAS, the commercial zones were designed with a minimum limitation on
the uses allowed in order that the allocation of business uses would be determined by economic
and market forces, and
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WHEREAS, one unintended consequence of this action has been the proliferation
of uses which do not provide sales tax and an adequate revenue base for the City but rather
restricts it, such uses including mobile home parks, storage and mini - storage facilities and
ground floor residential development, and
WHEREAS, such uses conflict with and limit the establishment of businesses
which the City seeks to attract and thereby impair the City's economic development efforts and
tax base, and
WHEREAS, the City Council acknowledges the limitations on its ability to
eliminate manufactured housing communities or mobile home parks in accordance with RCW
35A.63.146, and
WHEREAS, the City Council finds that the current situation constitutes an
emergency requiring immediate action in order to preserve prime commercial development
property within the City, and
WHEREAS, pursuant to the authority granted by the Growth Management Act
and RCW 35A.63.220, the City wishes, to enact its own moratorium on the issuance of
development permits for such uses in order to permit an opportunity for the Planning Board to
consider and allocate these problematic uses to other appropriate zones within the City, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A zoning moratorium is hereby declared on applications for
development permits, including but not limited to building permit, architectural design board
and/or conditional use permits applications as well as applications for land clearing in advance of
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such development permit applications, for the following proposed uses in the CG and CG -2
zones: storage, mini - storage, mobile home parks or manufactured housing communities and
mixed use development applications which include ground floor residential uses.
Section 2. This moratorium is an enactment of an interim, zoning measure or
moratorium governed by the provisions of RCW 35A.63.220. In accordance with the
requirements of this statute, a public hearing is hereby called for the 7t" day of March, 2006, said
date being not more than sixty (60) days following the enactment of this zoning moratorium.
Section 3. Unless extended following public hearing by an act of the City
Council, this moratorium shall expire six (6) months after its effective date.
Section 4. Declaration of Emergency. The continuing erosion and limitation of
the City's revenue tax base, as well as the severe financial constraints under which the City is
operating, constitute the basis for the City Council's determination that enactment of this
ordinance is and should be an emergency measure. Upon the vote of a super majority of the City
Council, this ordinance shall be effective as provided in Section 5 below.
Section 5. Effective Date. This ordinance has been adopted as an emergency
measure on the affirmative vote of a super majority of the City Council and shall be effective
immediately upon and after its passage.
APPROVED:
MAYO GA AAKENSON
ATTEST /AUTHENTICATED:
ITY CLERK, SANDRA S. CHASE
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APPROVED AS TO FORM:
OFFICE OF H Y RNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
02/03/2006
02/07/2006
02/12/2006
02/07/2006 (Emergency`measure effective immediately upon passage.)
3582
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SUMMARY OF ORDINANCE NO. 3582
of the City of Edmonds, Washington
On the 7t" day of February, 2006, the City Council of the City of Edmonds,
passed Ordinance No. 3582. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A ZONING
MORATORIUM ON THE ISSUANCE OF DEVELOPMENT PERMITS FOR CERTAIN
USES IN THE CG AND CG -2 ZONE, SETTING A DATE FOR A PUBLIC HEARING,
PROVIDING FOR ITS EXPIRATION, DECLARING AN EMERGENCY AND PROVIDING
FOR AN IMMEDIATE EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 8t" day of February; 2006.
CITY CLERK, SANDRA S. CHASE
IWSS607674.DOC;1/00006.900000/} -5 -
RCW 35A.63.146
Manufactured housing communities -- Elimination of existing community by code city prohibited.
After June 10, 2004, a code city may designate a manufactured housing community as a nonconforming
use, but may not order the removal or phased elimination of an existing manufactured housing
community because of its status as a nonconforming use.
[2004 c 210 § 2.]
Adopted by Reference
Ordinance #_359;— on Z-1-0
City Clerk
RCW 35A.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.]
STATE OF WASHINGTON,
COUNTY OF SNOHONHSH
SUMMARY OF ORDINANCas Og on
o the ny o non s,
On the 7th day of Februa 2006, the City Council of the
City of Edmonds, passed Ordinance tin 3of a title, provides
the of of said ordinance, consisting WASHING- it
as follows: THE
AN ORDINANCE OF THE CITY OF EDMONDS,
TON, ADOPTING A ZONING MORATORIUM CERTAIN
ISSUANCE OF DEVELOPMENT PERMITS FOR CERTAIN
FOR AIPUBL C HEARNNG, PROVIDING FOR ITS EXPIRA-
TION, DECLARING AN EMERGENCY AND PROVIDING,y
FOR AN IMMEDIATE EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon
request. 2006.
DATED this 8th day of February J
4 CITY CLERK, SANDRA S. CHASE
LPublished: February 12� 200s_ _-
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 Court of Snohomish County and that the notice
Summary of Ordinance No 3582
Adopting a Zonign Moratorium
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 12, 2006
and that said newspaper was regularly distributed to its subscribers during all of said period.
Ynnctpal Cleric Subscrib d and s orn to before me this lath
day of Febru 2006
RECEIV
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