Ordinance 4124ORDINANCE NO. 4124
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
RELATING TO RESIDENTIAL UNITS IN THE BD ZONES,
ESTABLISHING AN IMMEDIATE EMERGENCY MORATORIUM ON
THE PERMITTING, SITING, ESTABLISHMENT AND
CONSTRUCTION OF ANY NEW RESIDENTIAL UNITS WITHIN THE
BD ZONES THAT DO NOT PROVIDE AT LEAST ONE PARKING
SPACE PER DWELLING UNIT, TO BE IN EFFECT UNTIL THE CITY
OF EDMONDS ADOPTS ZONING REGULATIONS ADDRESSING
SUCH USES, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD
OF THE MORATORIUM, ESTABLISHING THE DATE OF THE
PUBLIC HEARING ON THE MORATORIUM AND DECLARING AN
EMERGENCY.
WHEREAS, the City recently approved an application for a new 9-unit apartment building
that did not provide any vehicle parking on site; and
WHEREAS, the zoning code for the BD zones currently exempts buildings with a footprint
(not total area) of less than 4800 sq. ft. from the City's normal on -site parking requirements; and
WHEREAS, the City considers it likely that development permit applications could
become vested soon which would permit additional residential units that would not provide on -
site parking; and
WHEREAS, the City is questioning whether this exemption should continue to be allowed
for residential buildings and residential portions of buildings; and
WHEREAS, the Edmonds City Council therefore believes a moratorium to preserve the
status quo is necessary, until the Edmonds City Council can study, hold public hearings, deliberate,
and adopt appropriate regulations to address such residential structures or units; and
WHEREAS, the Edmonds City Council does not have sufficient information to consider
the impacts of and the options to allowing additional residential structures or units that do not
provide parking; and
WHEREAS, Section 36.70A.390 of the Revised Code of Washington 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,
WHEREAS, the City Council desires to impose an immediate six-month moratorium on
the acceptance of any development permit application for the permitting, siting, establishment or
construction of any residential structures or units in the BD zones that do not provide parking on -
site; NOW, THEREFORE,
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THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS:
Section 1. Purpose. The purpose of this moratorium is to allow the City adequate time
to study the impacts associated with the permitting, siting, establishment or construction of
residential structures and units in the BD zones that do not provide parking on -site and to consider
options for imposing new requirements for residential units and their associated parking in the BD
zones. The City's goal is to ultimately draft zoning regulations to address such structures and units
in the BD zones, to hold public hearings on such draft regulations, and to adopt such regulations.
Section 2. Moratorium Imposed. The City Council hereby imposes an immediate six-
month moratorium in the BD zones on the acceptance of all development permit applications to
permit, site, establish or construct residential structures or units that do not provide at least one on -
site parking space per residential unit. This moratorium shall apply equally to new residential
structures, residential additions to existing structures, and changes of use to residential within
existing structures.
Section 3. Duration of Moratorium. The moratorium imposed by this Ordinance shall
commence on the date of the adoption of this Ordinance. As long as the City holds a public hearing
on the moratorium and adopts findings and conclusions in support of the moratorium (as
contemplated by Section 4 herein), the moratorium shall not terminate until six (6) months after
the date of adoption, or at the time all of the events described in Section 1 have been accomplished,
whichever is sooner. The Council shall make the decision to terminate the moratorium by
ordinance, and termination shall not otherwise be presumed to have occurred.
Section 4. Public Hearing on Moratorium. Pursuant to RCW 36.70A.390 and RCW
35A.63.220, the City Council shall hold a public hearing on a moratorium within sixty (60) days
of its adoption. In this case, the hearing shall be held on September 25, 2018 unless the City
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Council, by subsequently adopted resolution, provides for a different hearing date. No later than
the next Council meeting immediately following the hearing, the City Council shall adopt findings
of fact on the subject of this moratorium and either justify its continued imposition or cancel the
moratorium.
Section 5. Severability. If 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 6. Declaration of Emergency. The City Council hereby declares that an
emergency exists necessitating that this Ordinance take effect immediately upon passage by a
majority vote plus one of the whole membership of the Council, and that the same is not subject
to a referendum (RCW 35A.12.130). Without an immediate moratorium on the City's acceptance
of development permit applications, such applications could become vested, leading to the
construction or establishment of additional residential units in the BD zones which do not provide
on -site parking. Therefore, the moratorium must be imposed as an emergency measure to protect
the public health, safety and welfare, and to prevent the submission of applications to the City in
an attempt to vest rights for an indefinite period of time. This Ordinance does not affect any
existing vested rights.
Section 7. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 8. Effective Date. This Ordinance 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.
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APPROVED:
1 •
PTA
YOR DAVE EARLING
"ATTEST/AUTHED:
SEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
F TARADAY
FILED WITH THE CITY CLERK: August 17, 2018
PASSED BY THE CITY COUNCIL: August 21, 2018
PUBLISHED: August 26, 2018
EFFECTIVE DATE: August 21, 2018
ORDINANCE NO. 4124
.19
SUMMARY OF ORDINANCE NO.4124
of the City of Edmonds, Washington
On the 21st day of August, 2018, the City Council of the City of Edmonds, passed Ordinance No.
4124. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, RELATING TO RESIDENTIAL UNITS IN THE
BD ZONES, ESTABLISHING AN IMMEDIATE EMERGENCY
MORATORIUM ON THE PERMITTING, SITING,
ESTABLISHMENT AND CONSTRUCTION OF ANY NEW
RESIDENTIAL UNITS WITHIN THE BD ZONES THAT DO
NOT PROVIDE AT LEAST ONE PARKING SPACE PER
DWELLING UNIT, TO BE IN EFFECT UNTIL THE CITY OF
EDMONDS ADOPTS ZONING REGULATIONS ADDRESSING
SUCH USES, SETTING SIX MONTHS AS THE EFFECTIVE
PERIOD OF THE MORATORIUM, ESTABLISHING THE DATE
OF THE PUBLIC HEARING ON THE MORATORIUM AND
DECLARING AN EMERGENCY.
The full text of this Ordinance will be mailed upon request.
DATED this 22nd day of August, 2018.
ITY CL PASSEY
5
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard 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 true copy of EDH823144 ORDINANCE
4122-4125 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
issue(s), such publication commencing on
08/26/2018 and ending on 08/26/2018 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
572.24.
�Q
Subscribed and sworn before me on this
C r- day of
&' , -Zi
Notary Public in an for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
SCOTT PASSEY
AUBREY KNAP�
Notary Public
State of Washington
MY commission Expires
July 30, 2022
Classified Proof
ORDINANCE SUMMARY
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ORDINANCE NO 4122
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON AMENDING CHAPTER 8.48 OF THE
EDMONDS CITY CODE REGARDING ENFORCCMENT OF
RESTRICTION OF PARKING TIME AT FOURTH AVENUE
SOUTH PURL IC PARKING LOT
ORDINANCE NO. A 123
AN ORDINANCE OF THE CITY OF EDMONDS.
WASHINGTON ADOPTING THE 2058 AMENDMENTS TO
THE CITY COMPRFHENSIVE PLAN: AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE,
ORDINANCE NO 4124
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, RELATING TO RESIDENTIAL UNITS IN
THE BO ZONES, ESTASLY"ING AN IMMEDIATE
EMERGENCY MORALORIUM ON THE PERMITTING;
SITING ESTABUSHNIENT AND CONSTRUCTION OF ANY
NEW RESIDENTIAL UNITS WITHIN THE RO ZONES THAT
DO N01 PROVIDE AT LEAST ONE PARKING SPACE PER
DWELLING UNIT, To RE 1N EFFECT UNTIL THE CITY OF
EDMONDS ADOPTS 20N1N13 REGULATIONS
ADDRESSING SUCH USES, SETTING SIX MONTHS AS
THE EFFECTIVE PERIOD OF THE MORATORIUM,
ESTASUSHING 7HE DATE OF THE PUULIC HEARING ON
THE MORATORIUM AND DECLARING AN EMERGENCY.
ORDINANCE NO. d $25
AN ORDINANCE OF THE CITY OF EDMONDS.
WASHINGTON, EXTENDING THE PROHISITION OF THE
INSTALLATION OF SVRENE•BUTADIENE RUBBER [ALSO
KNOWN AS SBR OR 'CRUMB RUBBER"I ON PUBLICLY.
OWNED ATHLETIC FIELDS WITHIN THE CITY OF
EDMONDS FOR SIX MONTHS. DECLARING AN
EMERGENCY.
Tna N11 is it of th6Se 010nmX86 wI1I be rASU0t1 WA =48tI.
DATED11ft2VO0ofA t 2018.
CITY CiERK SCO9 PASSE
Pommnel AugustxG.2018. LOH823144
Proofed by Sheppard, Dicy, 08/27/2018 08:49:25 am Page: 2