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Resolution 1490RESOLUTION NO. 1490 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS OF FACT TO SUPPORT THE ADOPTION OF ORDINANCES 4247 AND 4253, WHICH IMPOSED AND EZTENDED A MORATORIUM ON THE ACCEPTANCE OF CERTAIN APPLICATIONS IN THE BD2 ZONE. WHEREAS, the city council on February 15, 2022 imposed a moratorium on certain applications in the BD2 zone through the adoption of Ordinance 4247 pursuant to authority granted by RCW 36.70A.390; and WHEREAS, RCW 36.70A.390 requires cities that adopt a moratorium without holding first a public hearing to hold a public hearing within sixty days of adoption; and WHEREAS, RCW 36.70A.390 goes on to state: "If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing;" and WHEREAS, Washington courts "have had occasion to construe the meaning of the word `immediately' in various kinds of written instruments, including insurance policies, and have held that it does not necessarily mean `upon the instant,' `forthwith,' or `without any intervening lapse of time,' but that there is a certain latitude to be given the significance of the word, and that it may mean `proximately,' `directly,' `close to,' `within a reasonable time."' Foley P. New Vorld Life Ins. Co., 185 Wash. 89, 94, 52 P.2d 1264, 1266 (1936); and WHEREAS, Section 4 of Ordinance 4247 states that "[n]o 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;" and WHEREAS, the statute, by allowing the adoption of findings to be deferred until after the public hearing, appears to contemplate that the findings would actually take that public testimony into account; and WHEREAS, any findings drafted prior to the public hearing would necessarily not be able to reflect public testimony that is offered after that drafting; and WHEREAS, the city council believes that it is more respectful of the public's testimony and more in keeping with the purpose of the statute to have findings drafted after the public hearing; and WHEREAS, the city council held a public hearing on Ordinance 4247 on April 5, 2022 to determine whether the moratorium adopted by that ordinance was justified and should continue or be allowed to expire; and WHEREAS, several people spoke at the above -referenced public hearing, expressing the view that the staff proposed interim design regulations did not fully address the public's concern with the current state of the BD2 regulations and that, consequently, the moratorium should be extended; and WHEREAS, some of the comments questioned whether the city council had ever intended to allow multi -family structures without any commercial space in the BD2 zone and requested that the council take some action to address that through its interim regulations; and WHEREAS, other commenters asserted that the BD2 zone, in fact, currently does not allow multi- family structures without any commercial space; and WHEREAS, the city attorney recommends interpreting that later category of comments as similar to those that questioned whether the effect of certain past BD2 amendments was understood (after all, no moratorium would be necessary if multi -family structures without any commercial space were illegal because such projects would simply be denied); and WHEREAS, after the public hearing, these concerns about the council's past intent, particularly with regard to Ordinances 3865 and 3955, caused the city council to adopt Ordinance 4253, which extended the moratorium through April 21, 2022, thereby giving the city council additional time to better understand the history of the BD2 zone and whether the effect of certain prior amendments was understood by past city councils at the time or whether certain effects might have been unintended or not well understood; and WHEREAS, some councilmembers felt it was important to reconsider whether the designated street front map should be extended; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. ADOPTION OF, FINDINGS. The city council hereby adopts as its findings of fact to support the adoption of Ordinance 4247 and its extension through Ordinance 4253 the Whereas clauses contained in this Resolution and also in Ordinances 4247 and 4253. RESOLVED this 19' day of April, 2022. CITY OF EDMONDS 1VIAY �, MIKE NELSON ATTEST: C fr7CLERR, SC 6 TT- Y FILED WITH THE CITY CLERK: April 19, 2022 PASSED BY THE CITY COUNCIL: April 19, 2022 RESOLUTION NO. 1490