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Ordinance 4247CITY OF EDMONDS, WASHINGTON ORDINANCE NO. 4247 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN IMMEDIATE EMERGENCY MORATORIUM ON THE ACCEPTANCE OF BUILDING PERMIT APPLICATIONS FOR BD2 ZONED LOTS THAT DO NOT FRONT ON A DESIGNATED STREET FRONT, TO BE IN EFFECT UNTIL THE CITY OF EDMONDS ADOPTS INTERIM DEVELOPMENT REGULATIONS FOR SUCH BD2 ZONED LOTS, SETTING TWO MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM, AND DECLARING AN EMERGENCY. 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; and WHEREAS, this concern can be addressed, initially, through the adoption of interim zoning regulations; and WHEREAS, city staff should be able to draft interim zoning regulations to address this concern within about a month; and WHEREAS, those interim zoning regulations would then be presented to the city council for consideration and adoption; 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 desires 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; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Ptfrpase. The purpose of this moratorium is to allow the City adequate time to draft interim zoning regulations for the BD2 zone that would change the required setback for properties that do not front on a designated street front. For the purposes of this ordinance, the phrase "designated street front' shall be the portions of the downtown streets defined in ECDC 16.43.030.B.2 and shown on Map 16.43-1. Section 2. Moratorium Imposed. The city council hereby imposes 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, PROVIDED THAT the moratorium shall not apply to building permit applications for projects that are categorically exempt from SEPA review. Section 3. Duration of Moratorium. The moratorium imposed by this ordinance shall commence on the effective date 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 two (2) months after the effective date, unless it is repealed sooner. Section 4. Public Hearin 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 April 5, 2022 unless the city council, by subsequently adopted resolution, provides for a different hearing date. No later than the next regular city 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. 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 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 imposed as an emergency measure to protect the public health, safety, and welfare, and to prevent the submission of building permit applications to the city in an attempt to vest rights. 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 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. APPROVED: MAyok MIKE NELSON ATTEST/AUTHENTICATED: 5:�710� , T LER ,SCOTT EY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADANN FILED WITH THE CITY CLERK: February 15, 2022 PASSED BY THE CITY COUNCIL: February 15, 2022 PUBLISHED: February 18, 2022 EFFECTIVE DATE: February 15, 2022 ORDINANCE NO. 4247 SUMMARY OF ORDINANCE NO. 4247 of the City of Edmonds, Washington On the 15t' day of February, 2022, the City Council of the City of Edmonds, passed Ordinance No. 4247. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN IMMEDIATE EMERGENCY MORATORIUM ON THE ACCEPTANCE OF ANY BUILDING PERMIT APPLICATION ASSOCIATED WITH A BD2 LOT THAT DOES NOT FRONT ON A DESIGNATED STREET FRONT TO BE IN EFFECT UNTIL THE CITY OF EDMONDS ADOPTS INTERIM DEVELOPMENT REGULATIONS FOR SUCH BD2 ZONED LOTS, SETTING TWO MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM, AND DECLARING AN EMERGENCY. The full text of this Ordinance will be mailed upon request. DATED this 15th day of February, 2022. '5: CL K, SCO SSEY 1 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 true copy of EDH948914 ORDINANCE SUMMARY 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 02/18/2022 and ending on 02/18/2022 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount ' the fee for s h publication is $65.36. Subscribed and sworn iaefo me on this r day of Z� Notary Public in and for the State of Washington. City of Edmonds - LEGALADS 114101416 SCOTTPASSEY Linda Phillips Notary Public State of Washington My Appointment £xplres 5129/2025 QDMMISSIOn Number 6477 Classified Proof ORDINANCE SUMMARY of 1he 01yIN Edmonds, N'ashlrglon 11, 1110 151h day Cf February, 2.22. fns City Ccuncll of the Cky bf Edwin., paase[S the Totlowlrg Or®nanCa0. the aummados of eatd ordinances Cunsisitng of Was are provided an follows: OR{D')(�N��ANCE N 5 AN ORDINANCE pF�13€O EDMONO$, WASHIN MON, AMEN03NO CHAPTER 1.20 ECC, ENTITLED 'PUBLIC RECORDS REOUESTS; TO AUGN WITH T14E REORGANIZATION OF THE ADMINISTRATIVE SERVICES DEPARTMENT ORDINO 42-06 AN ORDINANCE OF TH NANCE O EDM SNDS, WASHINGTON, AUTHORIZING ALLOCATION OF AMEWCAN RESCUE PLAN ACT PREMIUM PA To THE PURPOSE CIOF EMPLOYEESDING OVID AND AND AUTHORIZING ADDITIONAL VACATION DAYS FOR SUCH EmpWYEES OR DINANr E NO. 4 47 AN ORDINANCE OESTABLISHING ANF IMMEDIATE EMERHE CITY OF GENC1f MORAITORIUM ON THE ACCEPTANCE OF RUMDING PERMIT APPLICA-IONS FOR 802 ZONED LOTS THAT DO NOT FRONT ON A pESIGNATEO STREET FRONT, TO 8E IN EFFROr UNTIL THE CM OF EDMONDS ADOPTS INTERIM DEVELOPMENT REGULATIONS FOR SUCH 802 ZONED LOTS, SETTING TWO MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM, AND DECLARING EMERGENCY N - 4248 AN ORDINANCE OF O Q5; WASHINGTON, AMENDING CHAPTER 5.34 ECC (PERSONS. CRIMES RELATING TO)TO ADOPT 8Y REFERENCE ROW 7.94.120 AND RCW 7.105A6D; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND SETTING AN EFFECTIVE DATE The fua tail of Ihesa Crdrkancaa will ba sant upon reRumt DATED INs 151h Day of February, 2022. CITY CLERK, SCOTT PASSEY Pubkshcd:FaMuary 1% 2.22. EDH948914 Proofed by Phillips, Linda, 02/18/2022 08:49:25 am Page: 2