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