Ordinance 36910006.90000
WSS /gjz
7/17/08
ORDINANCE NO. 3691
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AN INTERIM ZONING
ORDINANCE AMENDING THE PROVISIONS OF CHAPTER
16.43 BD (DOWNTOWN BUSINESS) BY ADDING A
SECTION 16.43.035 TO CLARIFY AND SUPPLEMENT THE
PROCEDURES APPLICABLE TO THE GROUND FLOOR
REQUIREMENTS IN THE BD -1 ZONE, SETTING A PUBLIC
HEARING DATE, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, Chapter 16.43 BD (Downtown Business) establishes requirements
for the BD zones including BD -1; and
WHEREAS, the intent of the Council as expressed in its legislative record and the
plain wording of the chapter is to require that the ground floor of all developments in the BD -1
be devoted entirely to commercial uses and be no less than fifteen feet in height; and
WHEREAS, a potential applicant for development in the BD -1 zone has
requested clarification from the staff in the form of a code interpretation, and staff has affirmed
the Council's intent and understanding; and
WHEREAS, the City Council recognizes that substantial monies may be invested
by property owners in reliance on their understanding of code provisions and wishes to provide
clear guidance in line with its past intent, and what the City Council believes to be the clear,
current language of the code as it relates to the BD -1 zone; and
WHEREAS, the Growth Management Act, RCW 36.70A.390 authorizes the uses
of an interim zoning ordinance where the City Council finds that the health, safety and welfare
so require; and
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WHEREAS, the City Council wishes to refer this matter to the Planning Board
and encourages the Planning Board to work with property owners and citizens in the downtown
area to review the existing code provisions and this interpretation, in order to make
recommendations that would permit property owners to make profitable and efficient use of their
properties while meeting the purposes and intent of the City's Comprehensive Plan. and the BD -1
zone; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code Chapter 16.43 is
hereby amended by the addition of a new subsection 16.43.035 Application of Requirements to
the BD -1 Zone, as an interim zoning ordinance:
16.43.035 Application of requirements to the BD -1 zone.
The application and interpretation of Chapter 16.43 BD Downtown
Business to any development permit or application within the BD-
1 zone shall conform to the requirements of this section. These
requirements are enacted in order to clarify the intent of the City
Council and the application of existing language of the Code. In
the event of conflict or ambiguity with any provision of this
chapter, or the definition sections of the Community Development
Code, these provisions shall control.
The ground floor of the development in the BD -1 zone shall be
devoted entirely to commercial uses as provided by the first
sentence of ECDC 16.43.030(B)(3). The ground floor shall be no
less than fifteen feet in height measured in accordance with ECDC
16.43.030. Except to the minimum extent necessary to exercise
the rights granted pursuant to ECDC 16.43.030(B)(2)(b), the
ground floor shall be in one plane, extending the entire width and
breadth of the building.
Section 2. In accordance with the requirements of RCW 36.70A.390, a public
hearing shall be held on this matter on
2008 at 7:00 PM or as soon thereafter as
the public may be heard. Such date is within sixty days of the adoption of this ordinance.
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Section 3. The City Council refers this matter to the Planning Board for its
review and recommendation. In addition to recommendations regarding the changes necessary
to address this interim ordinance, the Planning Board is encouraged to work with property
owners and citizens to make recommendations regarding how the purposes of the BD -1 zone and
the Comprehensive Plan can be met while providing for the efficient and economically viable
use of property in the BD -1 zone. The Planning Board is encouraged to consider and make
recommendations regarding any change which would improve the economic viability of
businesses which utilize the commercial space established and constructed pursuant to these
provisions.
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. This interim ordinance shall expire on its own terms six months after the effective date
unless extended or repealed by action of the City Council.
APPROVED:
MA -OR V Y HAAKENSON
ATTEST /AUTHENTICATED:
- �� d. e�L�
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
W. SCOTT SNYDER
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FILED WITH THE CITY CLERK: 07/18/2008
PASSED BY THE CITY COUNCIL: 07/22/2008
PUBLISHED: 07/27/2008
EFFECTIVE DATE: 08/01/2008
ORDINANCE NO. 3691
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SUMMARY OF ORDINANCE NO. 3691
of the City of Edmonds, Washington
On the 22nd day of July, 2008, the City Council of the City of Edmonds, passed
Ordinance No. 3691. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN
INTERIM ZONING ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 16.43 BD
(DOWNTOWN BUSINESS) BY ADDING A SECTION 16.43.035 TO CLARIFY AND
SUPPLEMENT THE PROCEDURES APPLICABLE TO THE GROUND FLOOR
REQUIREMENTS IN THE BD -1 ZONE, SETTING A PUBLIC HEARING DATE, AND
FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 23rd day of July, 2008.
ITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH } S.S.
IECEI'
AU'' 0 5 7008
�: �; ARK
EDMONDS
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
Summary of Ordinance No. 3691
Adopting an Interim Zoning Ordinance
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:
July 27, 2008
and that said newspaper was regularlydistributed to its subscribers during all of said period.
Subscribed and sworn to before me this 28th
day of
Notary Public i and for the State
County.
at Evey6tt, Snohomish
:o
Account Number: 1014x16
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OF VY
0001603274