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